Algorithmic Marketing And Eu Law On Unfair Commercial Practices

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Algorithmic Marketing and EU Law on Unfair Commercial Practices

Federico Galli
Algorithmic Marketing and EU Law on Unfair Commercial Practices Book PDF

Author : Federico Galli
Publisher : Unknown
Page : 0 pages
File Size : 44,6 Mb
Release : 2022
Category : Electronic
ISBN : 3031136047

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Algorithmic Marketing and EU Law on Unfair Commercial Practices by Federico Galli Pdf

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

Federico Galli
Algorithmic Marketing and EU Law on Unfair Commercial Practices Book PDF

Author : Federico Galli
Publisher : Springer Nature
Page : 280 pages
File Size : 46,8 Mb
Release : 2022-08-30
Category : Law
ISBN : 9783031136030

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Algorithmic Marketing and EU Law on Unfair Commercial Practices by Federico Galli Pdf

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.

European Fair Trading Law

Geraint Howells,Hans-W. Micklitz,Thomas Wilhelmsson
European Fair Trading Law Book PDF

Author : Geraint Howells,Hans-W. Micklitz,Thomas Wilhelmsson
Publisher : Routledge
Page : 312 pages
File Size : 49,8 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317139669

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European Fair Trading Law by Geraint Howells,Hans-W. Micklitz,Thomas Wilhelmsson Pdf

The Unfair Commercial Practices Directive is the most important directive in the field of trade practices to have emerged from the EC but it builds upon European activity which has sought to regulate trade practices on both a sectoral and horizontal level. It is an umbrella provision, which uses general clauses to protect consumers. How effective this approach is and how it relates the existing acquis are fundamental issues for debate. This work provides a critical appraisal of the Unfair Commercial Practices Directive linking discussion of it to general debates about how fair trading should be regulated. It explains how the Directive fits into the existing acquis. It also examines national traditions where these are necessary to explain the European approach, as in the case of general clauses. The book will be a valuable tool for any student of consumer law seeking to understand the thinking behind the directive and how it will affect national laws. It will also influence policy makers by suggesting how the directive should be interpreted and what policy lies behind its formulation. Businesses and their advisers will use the book as a means of understanding the new regulatory climate post-the directive.

Antitrust in Data Driven Markets & Legal Framework for Influencers, Native Advertising and Control over the Use of AI in Marketing

Bruce Kilpatrick,Pierre Kobel,Pranvera Këllezi
Antitrust in Data Driven Markets Legal Framework for Influencers Native Advertising and Control over the Use of AI in Marketing Book PDF

Author : Bruce Kilpatrick,Pierre Kobel,Pranvera Këllezi
Publisher : Springer Nature
Page : 463 pages
File Size : 52,6 Mb
Release : 2022-12-07
Category : Law
ISBN : 9783031074226

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Antitrust in Data Driven Markets & Legal Framework for Influencers, Native Advertising and Control over the Use of AI in Marketing by Bruce Kilpatrick,Pierre Kobel,Pranvera Këllezi Pdf

This book gathers contributions from a broad range of jurisdictions, written by practitioners and academics alike, and offers an unparalleled comparative view of key issues in competition law, intellectual property and unfair competition law, with a specific focus on the use of personal data. The first part focuses on the role of competition law in shaping the digital economy. It discusses the use of personal data, the market power of platforms, the assessment of free services, and more broadly the responsibility of dominant companies in the smooth functioning of the digital economy. In turn, the second part sheds light on how the conduct of influencers, native advertising and the use of AI for marketing purposes can be controlled by the law, focusing on the use of personal data and the impact of behavioral advertising on consumers. In this regard, the book brings together the current legal responses across a number of European and other countries, all summarized and elaborated on in the form of two international reports. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

The European Unfair Commercial Practices Directive

Willem van Boom,Amandine Garde
The European Unfair Commercial Practices Directive Book PDF

Author : Willem van Boom,Amandine Garde
Publisher : Routledge
Page : 302 pages
File Size : 42,5 Mb
Release : 2016-02-11
Category : Law
ISBN : 9781317033158

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The European Unfair Commercial Practices Directive by Willem van Boom,Amandine Garde Pdf

One of the most important EU consumer protection directives of the past decade, the 2005 Unfair Commercial Practices Directive, or UCPD, is brought under examination in this stimulating volume. Bringing together leading experts in the comparative law and consumer law domain, the book discusses the impact of the Directive and whether the many possible issues identified at its inception have been borne out in practice. Divided into four parts of 'Implementation, Approximation and Harmonization', 'Vulnerability', 'The UCP Directive and Other Regimes', and finally 'Enforcement', the volume examines the various policy developments, the growing body of case law, the decisions of relevant national enforcement authorities, as well as the legislative debates which have surrounded the implementation of the UCPD in Member States. This book provides a valuable assessment of the impact of a major EU directive almost ten years after its adoption, and as such will be of interest to academics, legal practitioners and the judiciary working in the areas of European and Consumer law.

Marketing and Advertising Law in a Process of Harmonisation

Ulf Bernitz,Caroline Heide-Jørgensen
Marketing and Advertising Law in a Process of Harmonisation Book PDF

Author : Ulf Bernitz,Caroline Heide-Jørgensen
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 55,9 Mb
Release : 2017-05-04
Category : Law
ISBN : 9781509900688

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Marketing and Advertising Law in a Process of Harmonisation by Ulf Bernitz,Caroline Heide-Jørgensen Pdf

The law on marketing and advertising has undergone profound changes based on the EU directives on unfair commercial practices and misleading and comparative advertising. The legislation partially requires full harmonisation and contains a comprehensive blacklist of prohibited practices. However, in other areas, only minimum harmonisation is required. A comprehensive case law from the CJEU has emerged, but still many issues remain open, unclear and debated. The EU Commission has an active interest in the field and has published numerous reports on the question. In addition it has developed revised, comprehensive guidelines on marketing business to consumer (B2C), which are fully discussed here. Further Commission initiatives in the area on business to business (B2B) marketing are also in the making, underlining the importance of this new collection.

The Forthcoming EC Directive on Unfair Commercial Practices

Hugh Collins
The Forthcoming EC Directive on Unfair Commercial Practices Book PDF

Author : Hugh Collins
Publisher : Kluwer Law International B.V.
Page : 317 pages
File Size : 49,7 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041122247

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The Forthcoming EC Directive on Unfair Commercial Practices by Hugh Collins Pdf

To encourage cross-border transactions in the Single Market of the European Community, the Commission has proposed general framework legislation to set general standards that forbid unfair marketing practices towards consumers, thereby increasing consumer confidence when deciding whether or not to shop abroad in the Community, either in person or through modern methods of electronic purchasing through the Internet. The essays in this volume critically examine the proposed Directive that prohibits unfair commercial practices, and in particular they consider the potential legal and economic implications of a legal duty to trade fairly in the context of general contract law, the protection of consumers, and the needs of competition policy. The distinguished authors of these essays, from Finland, Germany, Italy, The Netherlands, Spain, and the United Kingdom, explain the different approaches of national legal systems to the legal regulation of marketing practices, and assess the compatibility of the proposed Directive with national law and its likely success in achieving the promotion of trade in the Single Market. About the authorHugh Collins is Professor of English Law at the London School of Economics. He studied law at Oxford and Harvard. He has published extensively in the field of contract law including The Law of Contract 4th ed (London, Butterworths, 2003), and Regulating Contracts (Oxford, Oxford University Press, 1999).

The Consumer Benchmarks in the Unfair Commercial Practices Directive

Bram B. Duivenvoorde
The Consumer Benchmarks in the Unfair Commercial Practices Directive Book PDF

Author : Bram B. Duivenvoorde
Publisher : Springer
Page : 244 pages
File Size : 42,8 Mb
Release : 2015-05-11
Category : Law
ISBN : 9783319139241

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The Consumer Benchmarks in the Unfair Commercial Practices Directive by Bram B. Duivenvoorde Pdf

This book investigates the regime of consumer benchmarks in the Unfair Commercial Practices Directive and explores to what extent this regime meets each of the goals of the Directive. In particular, it assesses whether the consumer benchmarks are suitable in terms of achieving the three goals of the Directive: achieving a high level of consumer protection, increasing the smooth functioning of the internal market, and improving competition in the market as such. In addition to providing a thorough analysis of the consumer benchmarks and their relationship to the goals of the Directive, at a more practical level, the book provides insight into the working and consequences of the benchmarks that can be used in the evaluation of the Unfair Commercial Practices Directive and its application by the CJEU. This assessment is important because the Directive, while promising to regulate unfair commercial practices in a way that achieves the Directive’s goals, has removed the possibility for Member States to regulate unfair commercial practices themselves.

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

Pramanik, Sabyasachi,Sagayam, K. Martin
Handbook of Research on Data Driven Mathematical Modeling in Smart Cities Book PDF

Author : Pramanik, Sabyasachi,Sagayam, K. Martin
Publisher : IGI Global
Page : 499 pages
File Size : 54,9 Mb
Release : 2023-02-17
Category : Mathematics
ISBN : 9781668464106

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Handbook of Research on Data-Driven Mathematical Modeling in Smart Cities by Pramanik, Sabyasachi,Sagayam, K. Martin Pdf

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.

The Unfair Commercial Practices Directive

European Commission. Directorate-General for Health and Consumer Protection
The Unfair Commercial Practices Directive Book PDF

Author : European Commission. Directorate-General for Health and Consumer Protection
Publisher : Unknown
Page : 36 pages
File Size : 54,7 Mb
Release : 2006
Category : Competition, Unfair
ISBN : UOM:39015069162710

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The Unfair Commercial Practices Directive by European Commission. Directorate-General for Health and Consumer Protection Pdf

Recoge:1. Time for clear legislation - 2. Unfair commercial practices - 3. Who is concerned? - 4. The black list - 5. Implementing the directive.

Unfair Competition Law

Frauke Henning-Bodewig
Unfair Competition Law Book PDF

Author : Frauke Henning-Bodewig
Publisher : Kluwer Law International B.V.
Page : 274 pages
File Size : 48,8 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041123299

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Unfair Competition Law by Frauke Henning-Bodewig Pdf

The book delineates, with extraordinary clarity and precision, the working of unfair competition law throughout the European Union. Its four comprehensive chapters encompass: basic considerations of definition, subject matter, enforcement, and applicable law: international provisions under the Paris convention, TRIPS, and WIPO model law; analysis of relevant EC directives and regulations and ECJ jurisprudence; and extensive discussions of the national unfair competition laws of all 25 Member States. For each Member State, specific topics covered include such considerations as the following: sources of law; competition law in a nutshell; regulation of advertising; direct marketing; sales promotion; risk of confusion; disparagement, defamation; misappropriation, imitation; impediment of competitors; and breach of the law. The author also provides a selected bibliography of sources for each country. It would be difficult to find a more useful analysis of European Unfair Competition Law than this systematic study. It is practical, thorough, clarifying, and readable, all at the same time. The author untangles the most complex of apparent contradictions with impressive skill. Copies of this book will quickly take their places on the working shelves of interested practitioners, academics, and officials throughout Europe.

Algorithmic Governance and Governance of Algorithms

Martin Ebers,Marta Cantero Gamito
Algorithmic Governance and Governance of Algorithms Book PDF

Author : Martin Ebers,Marta Cantero Gamito
Publisher : Springer Nature
Page : 174 pages
File Size : 43,9 Mb
Release : 2020-10-08
Category : Law
ISBN : 9783030505592

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Algorithmic Governance and Governance of Algorithms by Martin Ebers,Marta Cantero Gamito Pdf

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.

The Regulation of Unfair Commercial Practices under EC Directive 2005/29

Stephen Weatherill,Ulf Bernitz
The Regulation of Unfair Commercial Practices under EC Directive 2005 29 Book PDF

Author : Stephen Weatherill,Ulf Bernitz
Publisher : Bloomsbury Publishing
Page : 290 pages
File Size : 53,5 Mb
Release : 2007-02-07
Category : Law
ISBN : 9781847313478

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The Regulation of Unfair Commercial Practices under EC Directive 2005/29 by Stephen Weatherill,Ulf Bernitz Pdf

This book represents the fruit of a conference held in Oxford on March 3, 2006 under the auspices of the Institute of European and Comparative Law in the Oxford University Law Faculty. Directive 2005/29 is an important new measure in the construction of a legal framework apt to promote an integrated economic space in the European Union. It establishes a harmonised regime governing the control of unfair commercial practices. As such it represents an important exercise in the use of new rules and new techniques, and therefore poses new challenges to EU lawyers. The purpose of this book is to inform and to explore the issues raised by the Directive, issues which are of academic and practical interest, in helping to understand the evolution of European consumer law within the broader programme of European market regulation. The intense practical significance of this Directive, which heralds a new regime, is likely to provoke commercial operators to seek to exploit opportunities to pursue practices previously suppressed.

European Fair Trading Law

Geraint G. Howells,Hans-W. Micklitz,Thomas Wilhelmsson
European Fair Trading Law Book PDF

Author : Geraint G. Howells,Hans-W. Micklitz,Thomas Wilhelmsson
Publisher : Ashgate Publishing Company
Page : 295 pages
File Size : 44,8 Mb
Release : 2006
Category : Law
ISBN : 0754645894

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European Fair Trading Law by Geraint G. Howells,Hans-W. Micklitz,Thomas Wilhelmsson Pdf

This volume is concerned with explaining the Unfair Commercial Practices Directive, exploring the many ambiguities in its drafting and considering its implications for trading and consumer protection within Europe as well as the relationship between European and national trade practices law.

The Risk of Discrimination in the Digital Market

Sara Tommasi
The Risk of Discrimination in the Digital Market Book PDF

Author : Sara Tommasi
Publisher : Springer Nature
Page : 111 pages
File Size : 43,9 Mb
Release : 2023-11-29
Category : Law
ISBN : 9783031436406

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The Risk of Discrimination in the Digital Market by Sara Tommasi Pdf

The book starts with an analysis of what is new in the Digital Services Act. The aim is to see whether this new Regulation is appropriate both for not halting technological innovation and for addressing the risks that technological innovation poses to society and to the people who use digital services. The focal point is the risk of discrimination as people are often helpless in the face of the potential discriminations in the digital services sector. In particular, the book analyses how the Digital Services Act can make a concrete contribution to the protection against discrimination. To this end, it focuses on the responsibility of digital service providers and the fact that discrimination may also depend on the way in which algorithms and artificial intelligence systems are used. Therefore, a comparison is made between the Digital Services Act and the proposed Artificial Intelligence Act. The comparison discloses that the risk-based approach is the common thread followed by the EU in regulating the digital market. The book elaborates also on the practical implications of the risk-based approach. Highlighting advantages and limitations leading the author to conclude that the risk-based approach is the way forward only if the differences between risk and danger, the limits of law, and the limits of the tendency to humanise artificial intelligence systems are considered. With specific reference to the risk of discrimination, the need for a systemic and multi-level approach is highlighted, which reinforces the contribution that can be made not only by the Digital Services Act, but also by more general and cross-cutting legislation as those on data protection and unfair commercial practices.