Algorithmic Marketing and EU Law on Unfair Commercial Practices


Book Description

Artificial Intelligence (AI) systems are increasingly being deployed by marketing entities in connection with consumers' interactions. Thanks to machine learning (ML) and cognitive computing technologies, businesses can now analyse vast amounts of data on consumers, generate new knowledge, use it to optimize certain processes, and undertake tasks that were previously impossible. Against this background, this book analyses new algorithmic commercial practices, discusses their challenges for consumers, and measures such developments against the current EU legislative framework on consumer protection. The book adopts an interdisciplinary approach, building on empirical findings from AI applications in marketing and theoretical insights from marketing studies, and combining them with normative analysis of privacy and consumer protection in the EU. The content is divided into three parts. The first part analyses the phenomenon of algorithmic marketing practices and reviews the main AI and AI-related technologies used in marketing, e.g. Big data, ML and NLP. The second part describes new commercial practices, including the massive monitoring and profiling of consumers, the personalization of advertising and offers, the exploitation of psychological and emotional insights, and the use of human-like interfaces to trigger emotional responses. The third part provides a comprehensive analysis of current EU consumer protection laws and policies in the field of commercial practices. It focuses on two main legal concepts, their shortcomings, and potential refinements: vulnerability, understood as the conceptual benchmark for protecting consumers from unfair algorithmic practices; manipulation, the substantive legal measure for drawing the line between fair and unfair practices.




Algorithmic Marketing and EU Law on Unfair Commercial Practices


Book Description

Artificial Intelligence (AI) systems are increasingly being deployed by marketing entities in connection with consumers’ interactions. Thanks to machine learning (ML) and cognitive computing technologies, businesses can now analyse vast amounts of data on consumers, generate new knowledge, use it to optimize certain processes, and undertake tasks that were previously impossible. Against this background, this book analyses new algorithmic commercial practices, discusses their challenges for consumers, and measures such developments against the current EU legislative framework on consumer protection. The book adopts an interdisciplinary approach, building on empirical findings from AI applications in marketing and theoretical insights from marketing studies, and combining them with normative analysis of privacy and consumer protection in the EU. The content is divided into three parts. The first part analyses the phenomenon of algorithmic marketing practices and reviews the main AI and AI-related technologies used in marketing, e.g. Big data, ML and NLP. The second part describes new commercial practices, including the massive monitoring and profiling of consumers, the personalization of advertising and offers, the exploitation of psychological and emotional insights, and the use of human-like interfaces to trigger emotional responses. The third part provides a comprehensive analysis of current EU consumer protection laws and policies in the field of commercial practices. It focuses on two main legal concepts, their shortcomings, and potential refinements: vulnerability, understood as the conceptual benchmark for protecting consumers from unfair algorithmic practices; manipulation, the substantive legal measure for drawing the line between fair and unfair practices.




Privacy, Data Protection and Data-driven Technologies


Book Description

This book brings together contributions from leading scholars in law and technology, analysing the privacy issues raised by new data-driven technologies. Highlighting the challenges that technology poses to existing European Union (EU) data protection laws, the book assesses whether current legal frameworks are fit for purpose, while maintaining a balance between supporting innovation and the protection of individual’s privacy. Data privacy issues range from targeted advertising and facial recognition, systems based on artificial intelligence (AI) and blockchain, and machine-to-machine (M2M) communication, to technologies that enable the detection of emotions and personal care robots. The book will be of interest to scholars, policymakers and practitioners working in the fields of law and technology, EU law and data protection.




Neurosensory and Neuromarketing Impacts on Consumer Behavior


Book Description

The intersection of neurosensory and neuromarketing continues to reshape our understanding of consumer behavior, exploring the impact of sensory experiences and cognitive processes on purchasing decisions. Neurosensory research examines how sensory stimuli affect brain activity and emotional responses. Neuromarketing applies these findings to develop strategies to engage and persuade consumers to buy products, effectively crafting marketing plans, experiences, tactics. Further exploration of the integration of neuroscience into marketing may help businesses improve their approach to consumer behavior studies, leading to more impactful and targeted marketing efforts. Neurosensory and Neuromarketing Impacts on Consumer Behavior examines the positive impact of neuroscience and sensory studies on marketing and consumer behavior. The role of intelligent technologies in neuromarketing and the effects of these tactics on various demographics are explored. This book covers topics such as neuroscience, social media, and artificial intelligence, and is a useful resource for business owners, psychologists, policymakers, computer engineers, scientists, researchers, and academicians.




The EU Digital Services Act (DSA)


Book Description

The EU Digital Services Act (DSA) provides a comprehensive framework regulating the provision of digital intermediary services in the EU internal market. It clarifies the conditions under which service providers can avoid being held liable for their users’ illegal content, establishes a set of harmonized duties they must follow, and sets broad safeguards for users’ rights. As an extensive article-by-article commentary, this book offers a comprehensive guide to the complex web of the DSA’s tightly intertwined provision. On a systemic level, it also contextualizes the DSA by exploring its relationship to other relevant legal instruments, such as those related to consumer protection, data protection, and private international law. Among the topics and issues addressed are the following: Liability and Content Moderation liability of online services which transmit, cache, or store illegal user content; rules on removing, reducing visibility of, or otherwise moderating content which is illegal or breaches terms of service; and acting against user content based on own investigations, governmental orders, or received notices, and rights and redress possibilities given to users. Service-Specific Obligations rules affecting profiling-based advertising, content recommendation systems, and user interface design; duties of platforms which disseminate user content, obligations of online consumer marketplaces, and exemptions for micro and small enterprises; novel transparency reporting duties, publication of databases and reports, and provision of access to platform data and algorithms; and duties of very large online platforms and search engines. Enforcement Framework competencies, tasks and powers of authorities and the EU Commission to monitor compliance, investigate infringements and impose sanctions; national, cross-border and European coordination, cooperation and enforcement mechanisms; and issues of jurisdiction and applicable law, and duties of providers established outside of the EU. Given the DSA’s scope, this book will be relevant to businesses of any size that handle user content. It will also be of great value to a broad audience of legal practitioners, public officials, civil society stakeholders, researchers, and content creators. All professionals working with user content management issues can use this book to gain valuable compliance insights.







Handbook of Research on Data-Driven Mathematical Modeling in Smart Cities


Book Description

A smart city utilizes ICT technologies to improve the working effectiveness, share various data with the citizens, and enhance political assistance and societal wellbeing. The fundamental needs of a smart and sustainable city are utilizing smart technology for enhancing municipal activities, expanding monetary development, and improving citizens’ standards of living. The Handbook of Research on Data-Driven Mathematical Modeling in Smart Cities discusses new mathematical models in smart and sustainable cities using big data, visualization tools in mathematical modeling, machine learning-based mathematical modeling, and more. It further delves into privacy and ethics in data analysis. Covering topics such as deep learning, optimization-based data science, and smart city automation, this premier reference source is an excellent resource for mathematicians, statisticians, computer scientists, civil engineers, government officials, students and educators of higher education, librarians, researchers, and academicians.




Research Handbook on the Metaverse and Law


Book Description

This Research Handbook analyses the role of law in a universe fractured by new disruptive technologies such as metaverse platforms. Contributing authors explore how the law will adapt as new dimensions of the metaverse are introduced to issues such as intellectual property rights, e-commerce, NFTs and cryptocurrencies, data privacy, contract law, as well as human rights, consumer law and criminal law. The abuse and manipulation of users is studied in several contributions.




Algorithmic Governance and Governance of Algorithms


Book Description

Algorithms are now widely employed to make decisions that have increasingly far-reaching impacts on individuals and society as a whole (“algorithmic governance”), which could potentially lead to manipulation, biases, censorship, social discrimination, violations of privacy, property rights, and more. This has sparked a global debate on how to regulate AI and robotics (“governance of algorithms”). This book discusses both of these key aspects: the impact of algorithms, and the possibilities for future regulation.




Restricting digital marketing in the context of tobacco, alcohol, food and beverages, and breast-milk substitutes


Book Description

WHO has long recommended marketing restrictions in the contexts of tobacco and nicotine products, alcoholic beverages, foods and beverages with respect to children, and breastmilk substitutes. But the question of how to implement these recommendations has become more complex as digital media has grown and large online platforms have centered their businesses around advertising, and specifically around targeting of advertising to consumers based on their online activity or personal data they have shared. As a response to these challenges, this technical product examines how restrictions on digital marketing are implemented by Member States as part of broader marketing restrictions, describes current challenges specific to digital marketing and provides policy options and approaches that Member States can adopt to strengthen the design and implementation of restrictions.