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Neuromarketing from a Legal Perspective
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SYSNO ASEP 0474160 Document Type J - Journal Article R&D Document Type Journal Article Subsidiary J Článek ve SCOPUS Title Neuromarketing from a Legal Perspective Author(s) Krausová, Alžběta (USP-I) ORCID Source Title The Lawyer Quarterly. - : Ústav státu a práva AV ČR, v. v. i. - ISSN 1805-8396
Roč. 7, č. 1 (2017), s. 40-49Number of pages 10 s. Publication form Print - P Language eng - English Country CZ - Czech Republic Keywords biometric data ; consumer protection ; data protection Subject RIV AG - Legal Sciences OECD category Law R&D Projects GA16-26910S GA ČR - Czech Science Foundation (CSF) Institutional support USP-I - RVO:68378122 EID SCOPUS 85028633745 Annotation Neuromarketing utilizes modern techniques of monitoring brain functioning in order to design efficient advertising contents. Due to its capacity to interfere with and to influence decision process of customers, neuromarketing is regarded as highly controversial. The article examines possible manners of protection of individuals from the perspective of personal autonomy and privacy protection. It analyzes possibilities of challenging validity of legal transactions made under influence of neuromarketing based advertising as well as applicability of unfair practices in advertising. The paper also claims that the current personal data protection legislation is not applicable. Privacy of mind is described in terms of privacy of contents and privacy of processes. Mental processes are considered as crucial for creating contents of mind as well as for an individual approach to own privacy. The article concludes that the current regulation of unfair practices as well as the regulation of privacy do not provide an appropriate level of protection and that general clauses should be complemented with specific provision on inadmissible practices in advertising. Workplace Institute of State and Law Contact Iveta Bůžková, iveta.buzkova@ilaw.cas.cz, Tel.: 221 990 714 Year of Publishing 2018
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