Digital nudges—that is, significantly behavioral interventions that use software and its user-interface design elements—are an increasingly pervasive feature of online environments that shapes behavior both online (e.g., changing online privacy settings) and offline (e.g., taking a flu vaccine due to a text message reminder). Although digital nudges share many characteristics of their offline counterparts, they merit particular attention and analysis for two important reasons: First, the growing ubiquity of digital nudges makes encountering them nearly unavoidable in daily life, thereby bringing into sharper relief the promise and perils of nudges more generally. Second, the potentially greater potency of digital—compared to offline—nudges, the greater opacity of their instruments and behavioral mechanisms, and the typically dominant role of private intermediaries or independent private actors in their implementation all raise unique or qualitatively different challenges from those presented by their better-studied offline predecessors.
|Title of host publication||Economic Analysis of Law in European Legal Scholarship|
|Number of pages||16|
|State||Published - 2023|
|Name||Economic Analysis of Law in European Legal Scholarship|
Bibliographical noteFunding Information:
The research underlying this chapter has benefited from the generous support of Notre Dame Law School and the helpful comments of participants at the Lucerne conference on Law and Economics of the Digital Transformation, the Copenhagen Business School conference on Personalisation and Discrimination in a Fundamental Rights Perspective, and the Hebrew University of Jerusalem Law and Economics Workshop. Isabella Wilcox provided excellent research assistance.
© 2023, The Author(s), under exclusive license to Springer Nature Switzerland AG.
- Artificial intelligence
- Behavioral insights
- Behavioral regulation
- Costs and benefits
- Machine learning
ASJC Scopus subject areas
- Economics and Econometrics