Consumer manipulation through behavioral advertising: regulatory proposal by the Data Services Act

Abstract

In the contemporary era marked by technological advancements and pervasive use of social media, there has been a notable surge in the collection and subsequent processing of personal data, transforming them into economic assets exploited by corporations. This phenomenon gives rise to a "surveillance society" or "mental capitalism," prominently characterized by the customization of advertisements based on users' consumption profiles and behaviors. Despite its focus on personalized advertising, this practice frequently employs persuasive techniques that possess the potential to influence consumer decisions, prompting concerns about user manipulation and the erosion of decision-making autonomy. This study employs the exploratory deductive method to scrutinize the provisions of one of the European Union's latest regulations tailored for digital platforms, namely the Data Services Act, and its efficacy in addressing the prevailing issues. The research identifies ambiguity within the regulation, particularly regarding its applicability to operations involving the processing of personal data and dark patterns. Additionally, findings emphasize the necessity for active supervision, especially concerning the profiling of children and adolescents. In conclusion, this study underscores the urgency of implementing regulatory measures to ensure more effective protection, mitigating persuasive and obscure practices on social media. Such efforts aim to preserve consumer autonomy and rights in an increasingly digital and data-driven world.