header-logo header-logo

Neurotechnology & the law: contract law

240515
Harry Lambert & Dr Michelle Sharpe set out how neurotech presents new ways to evidence contractual consent, & new ways to erode it
  • Neurotech can both strengthen and undermine contractual consent. P300 attention signals may create auditable records showing which disclosures a user actually engaged with, but the same data can be used to manipulate consumers.
  • Undue influence and unconscionable conduct can capture neurotech-enabled exploitation, while statutory consumer protection regimes focus on trader behaviour, including manipulative design or inadequate oversight.
  • Current laws are often hard to enforce where harms are small and opaque, prompting calls for specialist regulators, guardrails, and auditable oversight in neurotech development.

Consumer neurotech devices that read and respond to brain and nerve activity are commercially available. A brain–computer interface (BCI) can be used to make purchases, confirm in-app transactions, and interact with online marketplaces. This has the potential to radically reshape how contracts are formed and enforced in the digital marketplace.

This article explores how neurotech

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
back-to-top-scroll