Problematic Consequences of Personalisation of Advertisement: The Case of Insurance Contracts
摘要
The personalization of advertisements has significant implications for consumer contracts, possibly leading to mismatched consumer expectations and by this causing consumers to enter into contracts with terms that are not properly adjusted to their situations, characteristics, and preferences. This issue is particularly problematic in consumer insurance contracts, where general private law and consumer law remedies, which are intended to shield consumers from the negative effects of personalization, often fail to adequately protect the interests of insurance clients. The reason for this is that these mechanisms tend to weaken contractual bonds, whereas from the perspective of the insurance client, contract adjustment would be a much more desirable solution. Therefore, this chapter investigates the possibilities of correcting irregularities in the content of insurance contracts caused by (mis)personalization. The analysis suggests that the standard of legitimate consumer expectations could serve as a critical tool for correcting the content of insurance contracts in such scenarios. This approach aims to align the content of insurance agreements with what consumers reasonably expect based on pre-contractual communications. The article concludes by advocating for the adoption of this standard to mitigate the adverse effects of personalization and ensure fairer outcomes in consumer insurance contracts.