Profilazione automatizzata, discriminazione contrattuale e rimedi civilistici

The commercial use of AI profiling makes it possible for online platforms not only to send personalized ads, but also to restrict certain categories of people from market access, with a high risk of discrimination. The EU legislature has introduced new pre-contractual, primarily informational, obligations for businesses. This article discusses the merits of interpreting the new EU directives and regulations within the constitutional framework of the Italian legal system, whose core values are centered on solidarity, equality and dignity, giving more substantial legal protection for individuals in the online marketplace than that provided for by the EU directives and regulations alone.