La regulación de la publicidad programática online: un análisis desde el prisma del derecho comparado.

In the current market of online advertising, economic agents look to redirect the consumers demand to their products through the use of programmatic advertising. This type of advertising that uses Big Data and artificial intelligence, allows the companies to send advertisements to the consumers that are really interested in their products, which increases the possibility of a "match" between them. While this type of advertising can generate the competition and supply increase to the benefit of the consumers as an effect, it can also generate important risks for the correct operation of the market if they are used as unfair practice (including trademark rights infringement) and damages for the users if they ignore what is done with the data they willingly or unwillingly share. In this article we will analyze how this marketing strategy work, the benefits and risks that it represents, as well as the way such risks are being faced in the United States and European Union countries. The author aims to motivate a much deeper discussion at the South American level. [ABSTRACT FROM AUTHOR]