Ateneo - UPO

The Comparative Marketing Law course examines, from a comparative perspective, the principal legal models governing marketing activities, with particular attention to the impact of new technologies and the ongoing digital transformation of markets.

The course analyses how different legal systems and regulatory frameworks address consumer protection, commercial advertising, the use of personal data, content personalisation, platform-based marketing and artificial intelligence. Particular emphasis is placed on comparing the European Union’s regulatory model with the approaches adopted in other jurisdictions, especially the United States.

The course also examines European legislative initiatives concerning law, innovation and digital markets, as well as the European Union’s capacity to project its regulatory standards beyond its borders. From this perspective, special attention is devoted to the so-called Brussels Effect, through which EU rules on data protection, digital platforms, artificial intelligence and consumer protection influence the strategies of global businesses and contribute to the international circulation of European legal models.

S. Martinelli, i contratti delle piattaforme digitali, Torino, Giappichelli.
Maerials uploaded on the course website.

The course aims to provide students with the knowledge and analytical tools necessary to:

understand the principal legal issues connected with marketing activities;
compare different models for regulating markets and commercial communications;
analyse the interaction between consumer protection, data protection, competition and technological innovation;
understand the European Union’s role as a producer and exporter of regulatory standards;
assess the impact of new technologies on the traditional categories of marketing law;
apply legal sources and comparative-law methods to practical cases;
develop a critical assessment of marketing strategies adopted in digital markets.

No specialist technological knowledge is required. A basic knowledge of private law, commercial law or European Union law is recommended.

The course will be delivered through in-person lectures encouraging the active participation of students. Students may be asked to prepare and present short reports on selected course topics, which will contribute to the final assessment. No online teaching will be provided.

Students with disabilities, Specific Learning Disorders (SLDs) or Special Educational Needs (SEN) may request dedicated services and accommodations by contacting the Student Career Development and Coordination Services Staff and consulting the dedicated page on the University website.

After contacting the relevant University Staff, students may approach the course instructor to agree on appropriate teaching arrangements and examination methods.

The final assessment consists of an open-ended question on one of the topics covered in the course. The assessment will take into account students’ knowledge of the relevant legal sources, their ability to apply the comparative method, their accurate use of legal terminology, the quality of their legal reasoning, and their ability to relate traditional legal concepts to technological developments.

Misleading and comparative advertising.
Consumer protection and vulnerable consumers.
Transparency of commercial communications, influencer marketing and native advertising.
Use of personal data for marketing purposes.
Consent, profiling, cookies and behavioural advertising.
Digital platforms, social media and recommender systems.
Dark patterns and online manipulation.
The use of artificial intelligence in marketing activities.
The impact of the GDPR, Digital Services Act, Digital Markets Act and AI Act on marketing strategies.
Legal models for regulating technological innovation.
The European Union as a producer and exporter of regulatory standards.
The Brussels Effect and the international circulation of European legal models.

By the end of the course, students will be able to:

identify the principal national, European and international sources relevant to marketing law;
distinguish between the regulatory approaches adopted in the European Union and the United States;
identify the legal issues raised by digital advertising, profiling and personalised marketing;
analyse the relationship between consent, individual autonomy and persuasive commercial practices;
assess the lawfulness of practices such as influencer marketing, native advertising, dark patterns and behavioural advertising;
understand the impact of the Digital Services Act, Digital Markets Act, GDPR and AI Act on marketing strategies;
use the legal terminology appropriate to an international and technologically advanced environment;
formulate independent assessments of cases and problems relating to comparative marketing law.