Algorithmic Marketing And Eu Law On Unfair Commercial Practices


Algorithmic Marketing And Eu Law On Unfair Commercial Practices
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Algorithmic Marketing And Eu Law On Unfair Commercial Practices


Algorithmic Marketing And Eu Law On Unfair Commercial Practices
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Author : Federico Galli
language : en
Publisher: Springer Nature
Release Date : 2022-08-30

Algorithmic Marketing And Eu Law On Unfair Commercial Practices written by Federico Galli and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-30 with Law categories.


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


Algorithmic Marketing And Eu Law On Unfair Commercial Practices
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Author : Federico Galli
language : en
Publisher:
Release Date : 2022

Algorithmic Marketing And Eu Law On Unfair Commercial Practices written by Federico Galli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.


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


European Fair Trading Law
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Author : Geraint Howells
language : en
Publisher: Routledge
Release Date : 2016-04-22

European Fair Trading Law written by Geraint Howells and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.


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


Antitrust In Data Driven Markets Legal Framework For Influencers Native Advertising And Control Over The Use Of Ai In Marketing
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Author : Bruce Kilpatrick
language : en
Publisher: Springer Nature
Release Date : 2022-12-07

Antitrust In Data Driven Markets Legal Framework For Influencers Native Advertising And Control Over The Use Of Ai In Marketing written by Bruce Kilpatrick and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-07 with Law categories.


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


The European Unfair Commercial Practices Directive
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Author : Willem van Boom
language : en
Publisher: Routledge
Release Date : 2016-02-11

The European Unfair Commercial Practices Directive written by Willem van Boom and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-11 with Law categories.


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.



The Forthcoming Ec Directive On Unfair Commercial Practices


The Forthcoming Ec Directive On Unfair Commercial Practices
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Author : Hugh Collins
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01

The Forthcoming Ec Directive On Unfair Commercial Practices written by Hugh Collins and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Law categories.


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


The Consumer Benchmarks In The Unfair Commercial Practices Directive
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Author : Bram B. Duivenvoorde
language : en
Publisher: Springer
Release Date : 2015-05-11

The Consumer Benchmarks In The Unfair Commercial Practices Directive written by Bram B. Duivenvoorde and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-11 with Law categories.


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.



European Fair Trading Law


European Fair Trading Law
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Author : Geraint G. Howells
language : en
Publisher:
Release Date : 2006

European Fair Trading Law written by Geraint G. Howells and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Competition, Unfair categories.




The Risk Of Discrimination In The Digital Market


The Risk Of Discrimination In The Digital Market
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Author : Sara Tommasi
language : en
Publisher: Springer Nature
Release Date : 2023-11-29

The Risk Of Discrimination In The Digital Market written by Sara Tommasi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-29 with Law categories.


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.



Handbook Of Research On Data Driven Mathematical Modeling In Smart Cities


Handbook Of Research On Data Driven Mathematical Modeling In Smart Cities
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Author : Pramanik, Sabyasachi
language : en
Publisher: IGI Global
Release Date : 2023-02-17

Handbook Of Research On Data Driven Mathematical Modeling In Smart Cities written by Pramanik, Sabyasachi and has been published by IGI Global this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-17 with Mathematics categories.


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.