Neuromarketing, being situated at the intersection of neuroscience and marketing, faces significant regulatory challenges. In Spain and Europe, although there is no specific regulation that exclusively governs neuromarketing, various laws and bodies oversee aspects related to ethics in research and data protection.
Existing regulations
At the European level, the General Data Protection Regulation (GDPR) denmark telegram data establishes strict guidelines on the collection, storage and use of personal data, including those of a neurological nature. This regulation emphasizes the need to obtain explicit consent from individuals before collecting their data and guarantees their right to privacy.
At the national level, Organic Law 3/2018 on Personal Data Protection and Guarantee of Digital Rights adapts the GDPR to the Spanish context, reinforcing the obligations of organizations regarding the processing of sensitive data. Although these laws do not specifically address neuromarketing, their provisions are applicable to the practices of this discipline.
Supervisory bodies
In Spain, the Research Ethics Committee of the Carlos III Health Institute (ISCIII) has the mission of guaranteeing respect for the dignity, integrity and identity of human beings in research involving people, biological samples or data of human origin. This committee evaluates projects to ensure that they comply with established ethical standards.
In addition, the Spanish National Research Council (CSIC) has its own Ethics Committee, which acts as a permanent advisory body to reflect, issue reports and make recommendations on the ethical and deontological principles related to research activity.
In the advertising sector, AUTOCONTROL is the association for the self-regulation of commercial communication in Spain. Although it does not focus exclusively on neuromarketing, it promotes responsible and ethical advertising practices, offering advice and resolving claims related to advertising.
At the international level, the Neuromarketing Science & Business Association (NMSBA) has developed a code of ethics that, although not legally binding, provides guidelines for the responsible practice of neuromarketing. This code emphasizes the importance of informed consent, transparency, and the protection of participants' privacy.
It is important to note that, although there is no specific regulation for neuromarketing in Spain, practices in this field must be aligned with general regulations on data protection and ethics in research. Adherence to self-regulation codes and consultation with ethics committees are fundamental steps to ensure that neuromarketing activities are carried out responsibly and respectfully of the rights of individuals.
Best practices for ethical application
1. Strategies to ensure transparency in investigations
Transparency is a fundamental pillar to ensure trust in neuromarketing research. To achieve this, companies and research teams must inform participants in a clear and accessible way about the objectives of the study, the methods used, and how their data will be managed. This includes detailing the type of technology used (such as fMRI or EEG), the data that will be collected, and the specific purpose of its analysis.
In addition, publishing results openly and sharing the methodologies used contributes to greater trust and collaboration within the sector. Adopting standards such as open access to non-sensitive data also helps to foster more ethical and responsible practice.
2. Promote corporate social responsibility in the use of neurotechnologies
Companies that integrate neuromarketing into their strategies must do so with a focus on corporate social responsibility (CSR). This involves considering the impact of their actions not only in terms of economic benefits, but also in terms of their influence on consumers and society in general.
An ethical approach includes avoiding emotional manipulation of consumers and using data to promote informed, mutually beneficial decisions. Brands can establish internal codes of conduct that define clear boundaries for the use of neurotechnologies, as well as adhering to self-regulatory codes, such as those developed by associations like the NMSBA.