NEUROMARKETING: UN INVENTARIO DI (SPUNTATI) DIVIETI CONTRO IL PERICOLO DI UNA SCELTA MANIPOLATA

Capable of revealing and exploiting, through sophisticated AI technologies, the individual vulnerabilities of the consumer, contemporary neuromarketing practices give rise to an unprecedented form of information asymmetry. With respect to this asymmetry, it is first argued, the traditional informational remedy is totally inadequate and ineffective. Hence, we advocate for the need of a strict prohibition, which, indeed, can already be found in different regulatory frameworks: namely, in the Digital Services Act, in the GDPR, in the Artificial Intelligence Act, and in the discipline of unfair commercial practices. With respect to each of the prohibitions prescribed by the European Union's regulatory system, however, significant flaws can be found.