Neurotechnologies in the advertising industry: Legal and ethical aspects

Abstract

As a result of technological and information development, there is a rapid spread of neurotechnology in the advertising industry, which sparks debate among law and marketing scholars regarding ethics, reasonability and legality of their use. The paper aims to identify possible ways to increase the effectiveness of regulatory and ethical aspects of using neurotechnology in Ukraine’s advertising industry. Based on a systematic analysis of theoretical experience and regulatory legal acts, the main threats to the development of neuromarketing are identified. The lack of a neurotechnology law, the distinguishing between “neuro data” and “personal data”, cyber-hacking risks, the lack of an interaction model between the state and advertisers are deemed to be regulatory shortcomings. Possible ways to optimize the legal regulation of the neurotechnology use are the development of a neurotechnology law, the legislative enshrinement of the neuro data concept, the introduction of restrictions on neuro data use depending on the industry and purpose, increased cybersecurity level. Threats to the ethical use of neurotechnology include low public awareness of neurotechnology and personal rights of citizens, lack of training activities for marketers and advertisers in the field of neuroscience. It is possible to overcome ethical threats through educational and informational work for marketers, advertisers and citizens. A comprehensive solution to the ethical and legal shortcomings of neurotechnology use will increase the neurotechnology development level, the proficiency level of marketers and advertisers, as well as improve the legal system in Ukraine.