Behavioral Advertising

Behavioral advertising uses data about a person's online activities, browsing history, and interests to show them targeted ads. This practice raises governance concerns because it often relies on personal data collected without explicit consent, creating compliance risks under privacy regulations like GDPR, CCPA, and similar laws that now govern many markets. For enterprises deploying AI-driven marketing or analytics tools, behavioral advertising creates obligations to document data collection, obtain proper consent, implement transparency controls, and ensure users can opt out.

1 item

Corporate PolicyUS2026-09-30

DraftKings AI Model Targets Chronic Losing Gamblers With Promotional Ads

DraftKings is training machine learning models on customer betting records to identify chronic losing gamblers, then serving them promotional advertising to drive re-engagement. The Electronic Frontier Foundation published an analysis naming DraftKings and framing the practice as AI-amplified consumer harm enabled entirely by first-party data. The case illustrates that existing data-minimization and consent frameworks do not prevent companies from using lawfully collected data in ways that systematically harm vulnerable customers.

DraftKings behavioral advertising consumer harm AI targeting data ethics vulnerable populations FTC enforcement model governance