Online Behavioural Advertising and Unfair Manipulation Between the GDPR and the UCPD

Abstract

Online behavioural advertising, i.e. the practice of targeting digital advertising according to consumers’ online behaviour, is posing threats to consumers’ autonomy. This is happening not only because behavioural advertising intrinsically has the effect of restricting options for consumers, but also and especially because it increasingly enables customisation of advertising messages according to psychological traits and vulnerabilities of consumers. Against this background, the present work evaluates if, how and to what extent the EU General Data Protection Regulation EU/2016/697 (GDPR) and the Directive 2005/29/EC on unfair commercial practices (UCPD) contribute to safeguarding autonomous decision-making of individuals in front of new data and technology-driven subtle forms of manipulative advertising.