Redesigning the UCPD for the Age of Personalised Marketing: A Proposal to Redesign the UCPD’s Consumer Benchmarks and General Clauses

Previous research has pointed out that EU marketing law,
with the Unfair Commercial Practices Directive (UCPD) at its
centre, falls short in effectively protecting consumers against
harmful personalised marketing. An important part of the
problem is that the UCPD’s general clauses, including its consumer
benchmarks, are not fit to effectively protect consumers
in this context. This article therefore proposes a redesign
of the consumer benchmarks and the general clauses in
the UCPD, aiming at protecting consumers more effectively
against harmful personalised marketing.