Regulating targeted advertising: Addressing discrimination with transparency, fairness, and auditing tests remedies

Online targeted advertising is currently being scrutinized by policy makers and lawyers in the European Union. This paper sheds light on the risks that the practice entails regarding discrimination against protected classes in the delivery of online advertisements with good and service offers. I highlight the gaps and regulatory opportunities offered by the European Equality Directives to address the issue. I argue that European Union law is required to regulate such a cross-border practice. Furthermore, I stress that the fight against discrimination in targeted advertising might produce better results when oriented by a model of regulation that encourages companies to implement the principle of fairness, transparency, and auditing tests.