Algorithmic Marketing and EU Law on Unfair Commercial Practices

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Publisher :
ISBN 13 : 9783031136047
Total Pages : 0 pages
Book Rating : 4.1/5 (36 download)

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Book Synopsis Algorithmic Marketing and EU Law on Unfair Commercial Practices by : Federico Galli

Download or read book Algorithmic Marketing and EU Law on Unfair Commercial Practices written by Federico Galli and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Springer Nature
ISBN 13 : 3031136039
Total Pages : 280 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis Algorithmic Marketing and EU Law on Unfair Commercial Practices by : Federico Galli

Download or read book Algorithmic Marketing and EU Law on Unfair Commercial Practices written by Federico Galli and published by Springer Nature. This book was released on 2022-08-30 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Routledge
ISBN 13 : 1317139666
Total Pages : 312 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis European Fair Trading Law by : Geraint Howells

Download or read book European Fair Trading Law written by Geraint Howells and published by Routledge. This book was released on 2016-04-22 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Springer Nature
ISBN 13 : 303107422X
Total Pages : 463 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Antitrust in Data Driven Markets & Legal Framework for Influencers, Native Advertising and Control over the Use of AI in Marketing by : Bruce Kilpatrick

Download or read book 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 published by Springer Nature. This book was released on 2022-12-07 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Routledge
ISBN 13 : 1317033167
Total Pages : 284 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The European Unfair Commercial Practices Directive by : Willem van Boom

Download or read book The European Unfair Commercial Practices Directive written by Willem van Boom and published by Routledge. This book was released on 2016-02-11 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041122249
Total Pages : 317 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Forthcoming EC Directive on Unfair Commercial Practices by : Hugh Collins

Download or read book The Forthcoming EC Directive on Unfair Commercial Practices written by Hugh Collins and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Springer
ISBN 13 : 331913924X
Total Pages : 244 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis The Consumer Benchmarks in the Unfair Commercial Practices Directive by : Bram B. Duivenvoorde

Download or read book The Consumer Benchmarks in the Unfair Commercial Practices Directive written by Bram B. Duivenvoorde and published by Springer. This book was released on 2015-05-11 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Marketing and Advertising Law in a Process of Harmonisation

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509900683
Total Pages : 288 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Marketing and Advertising Law in a Process of Harmonisation by : Ulf Bernitz

Download or read book Marketing and Advertising Law in a Process of Harmonisation written by Ulf Bernitz and published by Bloomsbury Publishing. This book was released on 2017-05-04 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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

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Publisher : IGI Global
ISBN 13 : 1668464101
Total Pages : 499 pages
Book Rating : 4.6/5 (684 download)

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Book Synopsis Handbook of Research on Data-Driven Mathematical Modeling in Smart Cities by : Pramanik, Sabyasachi

Download or read book Handbook of Research on Data-Driven Mathematical Modeling in Smart Cities written by Pramanik, Sabyasachi and published by IGI Global. This book was released on 2023-02-17 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

European Fair Trading Law

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Publisher : Ashgate Publishing Company
ISBN 13 : 9780754645894
Total Pages : 295 pages
Book Rating : 4.6/5 (458 download)

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Book Synopsis European Fair Trading Law by : Geraint G. Howells

Download or read book European Fair Trading Law written by Geraint G. Howells and published by Ashgate Publishing Company. This book was released on 2006 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Unfair Competition Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123296
Total Pages : 274 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Unfair Competition Law by : Frauke Henning-Bodewig

Download or read book Unfair Competition Law written by Frauke Henning-Bodewig and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847313477
Total Pages : 290 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Regulation of Unfair Commercial Practices under EC Directive 2005/29 by : Stephen Weatherill

Download or read book The Regulation of Unfair Commercial Practices under EC Directive 2005/29 written by Stephen Weatherill and published by Bloomsbury Publishing. This book was released on 2007-02-07 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Algorithmic Governance and Governance of Algorithms

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Publisher : Springer Nature
ISBN 13 : 3030505596
Total Pages : 174 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Algorithmic Governance and Governance of Algorithms by : Martin Ebers

Download or read book Algorithmic Governance and Governance of Algorithms written by Martin Ebers and published by Springer Nature. This book was released on 2020-10-08 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Unfair Commercial Practices Directive

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Publisher :
ISBN 13 :
Total Pages : 36 pages
Book Rating : 4.3/5 (91 download)

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

Download or read book The Unfair Commercial Practices Directive written by European Commission. Directorate-General for Health and Consumer Protection and published by . This book was released on 2006 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge:1. Time for clear legislation - 2. Unfair commercial practices - 3. Who is concerned? - 4. The black list - 5. Implementing the directive.

The Risk of Discrimination in the Digital Market

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Publisher : Springer Nature
ISBN 13 : 3031436407
Total Pages : 111 pages
Book Rating : 4.0/5 (314 download)

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Book Synopsis The Risk of Discrimination in the Digital Market by : Sara Tommasi

Download or read book The Risk of Discrimination in the Digital Market written by Sara Tommasi and published by Springer Nature. This book was released on 2023-11-29 with total page 111 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Digital Consumers and the Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142207
Total Pages : 304 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Digital Consumers and the Law by : Lucie Guibault

Download or read book Digital Consumers and the Law written by Lucie Guibault and published by Kluwer Law International B.V.. This book was released on 2012-12-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical analysis of how digitisation affects established concepts and policies in consumer law. Based on evidence of the actual experience and problems encountered by consumers in digital markets, the book offers a ground-breaking study of the main issues arising in relation to the application of general consumer and sector-specific law. An interdisciplinary team of researchers from the Centre for the Study of European Contract Law (CSECL) and the Institute for Information Law (IViR), both University of Amsterdam, combine their expertise in general consumer and contract law, telecommunications law, media law, copyright law and privacy law in a joint effort to point the way to a truly cohesive European Framework for Digital Consumers and the Law. Topics in this book include the characteristics of digital content markets and how they relate to traditional consumer law; consumer concerns, reasonable expectations and how they are protected by law; the difficult question of the classification of digital content; legal questions triggered by prosumers and underage consumers; the feasibility and future of the information approach to consumer protection; the role of fundamental rights considerations, and the legal implications of an economy that uses personal data as the new currency. Digital Consumers and the Law is an important analysis for all those interested or involved in the regulation of digital content markets. With its comprehensive discussion of a wide range of fundamental as well as praxis-oriented questions, it is an essential read for academics, policy makers, members of the content industry as well as consumer representatives.

The European Unfair Commercial Practices Directive

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Publisher :
ISBN 13 :
Total Pages : 271 pages
Book Rating : 4.:/5 (11 download)

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Book Synopsis The European Unfair Commercial Practices Directive by : Willem H. van Boom

Download or read book The European Unfair Commercial Practices Directive written by Willem H. van Boom and published by . This book was released on 2014 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: