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

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

Ward Hadaway—44 appointments

Ward Hadaway—44 appointments

Firm invests in national growth with 44 appointments across five offices

NEWS
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
back-to-top-scroll