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

Sidley—James Inness

Sidley—James Inness

Partner joins capital markets team in London office

Haynes Boone—William Cecil

Haynes Boone—William Cecil

Firm announces appointment of partner as UK general counsel

Devonshires—Nicholas Barrows

Devonshires—Nicholas Barrows

Firm appoints first chief marketing officer to drive growth strategy

NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
back-to-top-scroll