Document Type

Article

Publication Date

10-2022

Publication Information

TechREG Chron., Oct. 2022, at 3.

Abstract

From the Article

Digital nudges — that is, significantly behavioral interventions that use software and its user-interface design elements — are an increasingly pervasive feature of online environments that can shape people’s behavior both online (e.g. changing website cookie settings) and offline (e.g. taking a flu vaccine due to a text message reminder). While sharing many characteristics of offline behavioral interventions, digital nudges merit specific attention and analysis due to their growing ubiquity and potential potency, the opacity of their technological and behavioral mechanisms, and the central role of private actors in their implementation.

Comments

Professor of Law and Director, Research Program on Law and Market Behavior, Notre Dame Law School (ND LAMB). This article draws on my keynote lectures on “Digital Nudging” at the Lucerne conference on the Law and Economics of the Digital Transformation and on “The Costs of Personalized Digital Nudging” at the BIDEM conference on Personalisation and Discrimination in a Fundamental Rights Perspective at Copenhagen Business School, further developed in Avishalom Tor, The Contours and Challenges of Digital Nudging, in Law and Economics of the Digital Transformation (Klaus Mathis & Avishalom Tor eds., forthcoming 2023).

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