Algorithmic Profiling and Targeting: Between European Law and Constitutional Boundaries

This writing examines a set of techniques – such as nudging, neuromarketing, and machine-learning-based profiling and targeting – that, despite their different forms, share a common focus on influencing cognitive processes and steering individual behaviour. By analysing these practices, the paper underlines the legal challenges they raise, many of which touch upon issues of constitutional relevance, ranging from the personalistic to the pluralistic principle. Particular attention is given to the European Union’s regulatory framework, with a focus on provisions that specifically address automated profiling and targeting. The paper ultimately argues for regulatory approaches capable of addressing the problem at its roots, while ensuring compliance with the principle of proportionality.