Juridical Implications of Neuromarketing at-a-glance: from Consumer Protection to Financial Perspectives

Modern techniques of monitoring brain functioning – not simply to design efficient advertising contents – are used by neuromarketing. Because it has the capacity to interfere with and to influence decision process of customers and investors, neuromarketing is regarded as highly controversial. The paper examines possible juridical implications of neuromarketing in different fields, from privacy protection to function of regulators in evaluating risks coming out from banking and financial market’s . It suggests possible issues of validity of legal transactions made under influence of neuromarketing based advertising as well as applicability of unfair practices in advertising. The conclusion of the article is to evaluate if current regulation of unfair practices as well as the regulation of privacy and evaluation of risk assure an appropriate level of protection for the consumer and the investor.