Der personalisiert angebahnte (unerwünschte) Vertrag: Zivilrechtliche Grenzen von Data Driven Exploitative Advertising

Kolja Kaden deals with the civil law analysis of personalized contract initiation in the digital space. He begins with the observation that companies are increasingly combining data-based advertising strategies with behavioral economic methods in order to specifically influence users' decision-making processes. He examines the constellations in which such strategies can induce users to conclude unwanted contracts and have an inadmissible effect on their private autonomy. The focus is on the effectiveness of current civil law with regard to protection against manipulative practices. In addition to the structures of contract law, relevant references to data protection law, platform regulation, fair trading law and the law of artificial intelligence are also included. The author comes to the conclusion that the current civil law framework sets only limited specific limits for safeguarding private autonomy. He therefore does not advocate new legal regulations, but rather a dogmatic further development of existing institutions.