This chapter discusses the implications of the convergence between marketing and artificial intelligence (AI) (and its related technologies) from the perspective of law in general and marketing law in particular. It first sets out to discuss the novel and complex regulatory challenges arising from the disruptive effects of various new technologies and, notably, their creative combination or convergence. Subsequently, it gives examples of these challenges by taking a closer look at the role of subliminal AI systems and at their explicit prohibition in the European Union’s AI Act. Lastly, it refers to the 2025 UNESCO Draft Recommendation on the Ethics of Neurotechnology to cast light on the future challenges posed by neuromarketing practices to “marketing law,” a novel and cross-disciplinary legal field for addressing those challenges.

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Marketing Law in the Era of Subliminal Artificial Intelligence (AI) Systems

  • Rostam J. Neuwirth

摘要

This chapter discusses the implications of the convergence between marketing and artificial intelligence (AI) (and its related technologies) from the perspective of law in general and marketing law in particular. It first sets out to discuss the novel and complex regulatory challenges arising from the disruptive effects of various new technologies and, notably, their creative combination or convergence. Subsequently, it gives examples of these challenges by taking a closer look at the role of subliminal AI systems and at their explicit prohibition in the European Union’s AI Act. Lastly, it refers to the 2025 UNESCO Draft Recommendation on the Ethics of Neurotechnology to cast light on the future challenges posed by neuromarketing practices to “marketing law,” a novel and cross-disciplinary legal field for addressing those challenges.