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Artificial intelligence to make a valid language agreement with the consumer in business digital advertising

By: Dr. Camilo Alfonso Escobar Mora ©

Founder of JURÍDIA – Learning and Research Center for Preventive Consumer Law in Digital Advertising

www.juridia.co

 

 

Introduction

 

In the theory of preventive consumer law in digital advertising (created by the author of the text) language agreement is the form (way) in which the consumer understands the message (including: messages, as the case may be) of advertising (digital ) of the company (commercial -commercial) with the same (under the same) scope as the one that does (as it comprises) the company. Properly: is when advertising is understood with the same scope (although that understanding is not -not done- in the same way) by the consumer and by the company. And: that agreement (of the language) is valid if it is harmonious with the law (that is to say: if it is ammonic with the form in which the law proceeds in the case, according to the case and to the extent of the case).

 

Then: the company must be diligent in making (including: envisioning) that its advertising makes that language agreement. For that reason: it must be diligent in creating and communicating (or in which the third parties that represent it believe and / or communicate, according to the case) the publicity of a form that makes that agreement of the language. Then: it must be diligent in foreseeing and applying and / or creating (according to the case) the state of the art that does it. In some cases: that diligence makes it necessary to create and / or use artificial intelligence to make that language agreement (valid).

 

This article explains the fundamentals of the theory (of the theory of preventive law of consumption in digital advertising) so that the company is diligent in making the agreement of the language with (through the -involving the Involving-) artificial intelligence ( properly: making artificial intelligence a part and / or the whole of the agreement).

 

 

Development

 

The company is the physical —natural— or moral —juridical— person that acts professionally in the market. In your market. His (legal) profile means that he must be diligent in making his actions in a professional manner (because: he responds for what is predictable in a legal profile of a professional in the market —appropriately: he responds for what is foreseeable under your profile as a professional in your market—). That is to say: in a way that makes their acts valid. And: those acts are valid if they are done in a professional way that makes them harmonious with the law.

 

Now: the company has no certainty about the way in which the consumer will understand their advertising. However: you can foresee and advertise in a way that the consumer understands it validly. Properly: can (and should) foresee and advertise in a valid form (way).

 

 

Therefore: the company must be diligent in defining (including: forecasting) and making its advertising valid in relation to each consumer who receives it validly. That is to say: in relation to each consumer to whom the advertising is directed. Advertising can be directed to a non-specific consumer or to a specific consumer.

 

That is why the perception is valid if both the perception and the reception and understanding of the advertising is valid. That is to say, if both the perception and the reception and understanding of advertising are harmonious with the law. Properly: if the perception, reception and understanding of advertising are harmonious with the way in which it proceeds (applies) the right to measure the case (as the case may be).

 

Then: the perception of advertising is valid if advertising is perceived (by one or more human senses, depending on the case) in a way that is harmonious with the law. That is to say: in a harmonious way with the philosophy of law, with the theory of law and with the rules (in general: the juridical norms) of the Rule of Law involved (that are harmonious with that philosophy and theory). That is to say: if you feel (for one or several human senses, as the case may be) in a way that makes the publicity (properly: that the message or the messages of the advertising —that the message or the messages involved in the advertising—, depending on the case) is received and understood in a harmonic way with the law (according to the way in which it applies to the case).

 

Advertising is a form of communication. Then: it is one or several messages (depending on the case) that the company communicates to the consumer to influence their consumption decisions. That is, it is a form of communication that influences or tries to influence consumer decisions. And: this form of communication is valid if it is validly received, received and understood. Properly: if the consumer perceives, receives and understands validly. That is to say: if he perceives it, he receives and understands in a harmonic way with the right. In a harmonious way with the way in which the law proceeds in the case.

 

It is validly perceived if it is felt by one or several senses (according to the case) in a way in which the rights and duties (of the consumer and / or the company) coming from that perception are effective (legally —efficacy that makes legal security because it makes the case binding by being effective, by making the law effective in the case—).

 

The valid reception if you are a recipient of advertising. That is to say: if the advertising is directed to the consumer. Because: it is the way to make the consumer know the advertising validly. Situation that is defined according to advertising is directed to a specific audience or a non-specific audience.

 

It is validly understood if it is under a language agreement (between the consumer and the company —the company that communicates with it through its advertising, advertising—) that is (that is) harmonious with the law. With the way in which the right to that understanding proceeds. With the way in which the law proceeds in that understanding. Properly: with the way in which the law proceeds in the case.

 

Therefore: the valid perception is the way to make (advertising) is binding (for the company —and for the consumer when forming an extracontractual and / or contractual legal relationship with the company based on advertising—). Because: it is the way to make a valid (legal) link between the consumer and the company. It is the way of making a legal relationship (extra contractual and / or contractual, depending on the case) valid between the consumer and the company.

 

Properly: valid perception is what makes advertising binding and valid (perception is valid) if both perception and reception and understanding are valid. In short: advertising is binding if the perception is valid. That is, advertising is binding when the perception is valid. Because: if the consumer perceives it validly the effect that causes that perception (including: the effect caused by advertising in relation to the effect that causes the effect of that perception) is valid (is binding).

 

That is to say: if the consumer acts diligently (under the diligence that applies to his legal profile, as the case may be) in that perception there is a valid link between him and the company. What makes advertising binding for the company and for the consumer (depending on the case). That is to say: it causes that the company must attend the effect -included: the effects, according to the case- (extracontractual and / or contractual, according to the case) that causes its advertising.

 

Therefore: the company must be diligent in anticipating and making a valid advertisement. Because: it is the way to make it harmonious with the right. Included: it is the way to make the consumer perceive it validly. Y: makes the effect of your (the) advertising valid. Because: it makes the effect of its creation and its communication valid.

 

In short: it makes the legal link that is formed between the consumer and the company based on advertising (valid) is valid. Therefore: valid advertising makes a valid link based on this (in it). What makes the legal relationship (extracontractual and / or contractual, depending on the case) between the consumer and the company is formed (including: is created), develop and terminate validly.

 

Because: it is not a valid link based on an invalid advertisement (a link that is valid because it is based on the fact that the advertising that is validly perceived by the consumer is binding for the company) but is based on valid advertising and makes the relationship (that the whole relationship) is valid. That is the valid advertising in the theory (in the theory of preventive law of consumption in digital advertising). The one that makes legal effectiveness.

 

Because: it makes the legal relationship (extra contractual and / or contractual, depending on the case) formed based on an advertisement (that is, including that advertising – including that advertising in the relationship, the relationship includes that advertising-) is harmonious with the straight. Properly: makes the case (that is: the extracontractual and / or contractual legal relationship formed based on a digital business advertisement) is valid (being harmonious with the law).

 

Then: the company is diligent if it does that, but the consumer must be diligent in perceiving it in a harmonious way with the right. Therefore: if the consumer perceives it in a diligent way it is a valid perception because it is harmonious with the law. What makes the link (extra contractual and / or contractual, depending on the case) —formed based on advertising— is valid.

 

Therefore: if the company is diligent it makes the advertising valid. Because: it is harmonic with the right. Properly: advertising is valid because the company does it diligently. He does it in a professional manner (that is, he does it with commercial diligence) that is in harmony with the way in which the right to his legal profile (of a professional in his market) is appropriate to the extent of the case. That is to say: it does it in a harmonic way with the law.

 

And: if both parties are diligent (according to the diligence that applies to each legal profile, as the case may be) the legal relationship (that is: the legal relationship) extracontractual and / or contractual (depending on the case) that is formed based on The advertising is valid. Because: each party acts (within unilateral, bilateral and / or multilateral acts, as the case may be) validly and that makes the case (understood as the union created by the set of those acts) to be valid.

 

But: binding advertising is not valid advertising. Nor is it in which the company has certainty about the perception, reception and valid communication (on the part of the consumer -of the consumer-). Because: the company is not the consumer. And: all advertising is binding for the company since it causes a valid (legal) effect —before the consumer, before third parties or before subjects and / or objects that are part of the company. Specifying that: the right of (of) consumption is appropriate when the effect is before the consumer. In relation to the consumer—. It should not be a valid legal effect. It is any effect. Because: it is a unilateral (legal) act of the company. Properly: advertising is binding when it creates a valid legal link (including: when it causes a valid effect).

 

Another thing is that the effect must be validly caused. That is, the effect must cause a valid link to be created for the one causing the effect. Properly: you must create a valid legal link between the person causing the effect and the person (from the private and / or public sector, as the case may be) who perceives and / or controls it (depending on the case). In short: the effect must make a right and / or a duty appropriate. Because (that origin): creates (makes it believe) a legal link related to the effect.

 

And: advertising is only binding if the consumer perceives it validly. But: that does not mean that the consumer validly understands advertising when he understands the same thing as the company or when he understands it under the same scope as the company. It means that the consumer understands it in a way that is harmonious with the law. In a harmonious way with the way in which the right to its (legal) profile – in general: to its legal status – proceeds in the case.

 

For that reason: it is the company that must be diligent in foreseeing and making a valid publicity. Included: you must be diligent in anticipating and making sure that the advertising can be validly understood by the consumer. Then: you must foresee and make the advertisement valid because it is your legal act. It depends on the company. The validity of advertising depends on the company. It depends on the business diligence of the company.

 

Because: this means that the legal relationship (extracontractual and / or contractual, depending on the case) that it forms with the consumer (based on advertising) is dealt with in a valid way. Of course: the consumer must be diligent to make that attention valid in what depends on his legal profile in the case. What makes the relationship harmonious with the law. Because: if the advertising is valid the relationship that is derived from it (of it) is valid in what relates to advertising.

 

So: advertising is valid if it is harmonious with the right. And: it is only harmonious with the right if the consumer perceives it, receives it and understands it validly. That is to say: if he perceives it, understands and receives in a harmonic way with the right. Of course: advertising (business digital advertising) is not only valid for that. What happens is that a condition for (of) its validity is valid perception —the valid perception of advertising— (on the part of the consumer -of the consumer-).

 

But (in theory): advertising is valid because (if) it is created, it works, it is communicated and it is attended (its effect is taken care of) in a harmonic way with the law. Because its creation, functioning, communication and attention is harmonious with the law. Properly: in the theory of preventive law of consumption in digital advertising advertising is valid if its being (all its being) is harmonious with the right. If your being coincides with your duty to be legal.

 

That is to say: if the variables (each variable and all the variables) of its creation, functioning, communication, attention and any other variable, depending on the case, of its being are harmonious with the law. In short (in theory): advertising is valid if its being (understood as the whole created by the union of all its variables of its creation, communication, operation, attention and any other time and space involved in the case) it coincides with the law (with the form in which the law proceeds —with the form in which the law is appropriate in its being, with the form in which the law proceeds in its being—).

 

What happens is that when (if) the consumer perceives it validly (that) means that its nature, object and scope is valid. That is, it means that the nature, purpose and scope (effect) of the advertisement is valid. Because: a being (in this case: advertising) can only be validly perceived if it is perceived in a way in which it is validly received and understood (understood). Which means that the company has created and communicated validly. Included: means that the company will attend the effect of your advertising validly. That is, it will address the effect of its advertising in a way that matches the language agreement it has made (through its advertising) with the consumer.

 

Therefore: the company must be diligent in creating and communicating its advertising in a way that makes a valid language agreement with the consumer and in meeting the effect (including: the effects) of its advertising in a harmonic manner with that language agreement . Then: the diligence of the company defines the need to make your advertising not personalized or personalized. Everything depends on the case.

 

Properly: the diligence defines its need (the need to make a non-personalized or personalized advertising) according to (what) is necessary to make the agreement of the language (valid) with the consumer. In short: the need to make a (non) personalized or personalized advertising is defined according to what is necessary to make the consumer perceive, receive and understand advertising validly. That is, it is necessary to do what is necessary for the consumer to make a valid language agreement with the company (agreement that is valid only if the consumer perceives, receives and understands the advertising validly).

 

Another thing is that the company is diligent in making an added value (or several values, depending on the case) that makes the consumer have an extraordinary experience (because the ordinary experience is where only the necessary for the validity is done) in the perception, reception and / or communication (as the case may be) of advertising. Added value that is valid when defined and made under the diligence of the company.

 

Because: diligence is the way to make valid (legal). Then: it implies that the company foresees and makes that added value in a harmonic way with the right. With the way in which the law (law) proceeds in the case. Therefore: the company must be diligent in defining if it is necessary or unnecessary to make the added value. Because: it is only necessary if it is valid. Properly: it is only an added value if it complements the ordinary experience and makes an extraordinary experience of validity.

 

For that reason: personalized advertising is only an added value if it is not the necessary (ordinary) way to make the advertising valid and makes an extraordinary experience of validity. Otherwise: it is the ordinary way to make advertising valid. Because: it is the necessary way to make the advertising valid. For that reason: the diligence (mercantile) defines the need in the form of making valid publicity. Define the need to make advertising valid. Properly: define what is necessary to make the advertising valid.

 

Then: the company must be diligent in defining if it is necessary or unnecessary to make the advertising not personalized or personalized and if it is necessary or unnecessary to make an added value in the form of advertising that defines as necessary. Therefore: you must be diligent in anticipating and making the publicity of the form in which it is valid. Properly: you must be diligent in making —including: doing— (including: providing) valid advertising.

 

Advertising is directed to a non-specific audience when advertising is not personalized. When it is not personalized for a specific consumer (for an individualized consumer). It addresses a specific audience when advertising is personalized. When it is customized for a specific consumer (for an individual consumer).

 

Included: when it is directed to one or several specific consumers. Each one personalized. Properly: each one must be personalized because it is the way to specify (properly: individualize) the public. Another thing is that the level of personalization is defined according to what is necessary to make the case valid. That is to say: the need for personalization (properly: personalization) is defined by means of diligence. It is defined with diligence. Being the way to make valid.

 

In short: it is aimed at a non-specific consumer when his (the) perception is not conditioned to a consumer profile (including: it is not conditioned to a —defined— situation of the consumer). It is addressed to a non-specific consumer when his (the) perception is conditioned to a consumer profile (including: it is not conditioned to a —defined— situation of the consumer).

 

The consumer can be a natural —physical— or moral —juridical— (depending on the case). Because: (the) consumer is the party that forms the relationship of consumption (that is to say: the extracontractual and / or contractual legal relationship, as the case may be, a relationship that is called the consumption relationship in the consumer law) with the company. And: consumer is any person who does not act professionally in the market of the company. What makes it (can) be a natural person-natural-or moral-legal. Your profile (legal) is defined according to the case, in the case and to the extent of the case.

 

So: personalized advertising is when it is tailored to the profile of the consumer involved. When it is a moral person, personalization is done based on the profile of that organization. Indistinct that human beings (and / or non-human elements) linked to that person are those who perceive publicity. That’s why: it becomes personalized for your profile (organizational).

 

Then: the company must be diligent in anticipating and making its advertising (not personalized or personalized) be harmonious with the way in which the right to the case proceeds. In short: the company is diligent in making its advertising make a language agreement with the consumer if it is tailored to the case. Because: it is the way to make advertising harmonious with the way in which the right comes to the case (with the form in which the right proceeds in the case).

 

The company is diligent in making a language agreement (in which its advertising makes a language agreement) with the consumer if it causes the consumer —to whom the advertisement is directed— to perceive it (including: reception and understanding) in a harmonic way with the right. In a harmonious way with the way in which the law proceeds to the case.

 

For that reason: the agreement of the language is made (including: it is created and obtains —it accomplishes—) by making an advertisement tailored to the case. Tailored to the variables of the case. Being the right one of the variables of the case. Because: it makes advertising harmonious with the right. Because: it makes advertising to be tailored to the right. To the extent that the law to the case is appropriate. To the extent to which the law to the case applies. To the extent that the law proceeds in the case.

 

Then (according to the case): the artificial intelligence makes the advertising (that a part and / or the whole of the advertising, according to the case) is to the measure of the case. It makes (including: does) it if done diligently. That is to say: if the artificial intelligence is created and / or used with diligence. What makes artificial intelligence is created and / or used (as the case may be) validly. Included: what makes that in its creation and / or use can do (and do, as the case may be) valid and valid business digital advertising (properly: can do and make, as the case, valid advertising).

 

That is to say: it makes it able to do advertising validly (that is: to work in a valid way to make the advertising valid) and (that it can do) the valid publicity (that is to say: that the result of its function is a valid advertisement —or be a valid part of that publicity, when it is only necessary to do a part—). For this reason: if the company acts with diligence (with commercial diligence) it foresees and makes both that product (artificial intelligence, which is a good and / or a service, as the case may be) and advertising tailored to the case that this (that artificial intelligence) does (by means of its functions) are valid.

 

That is to say: the company is diligent when its diligence defines that it is necessary to create and / or use artificial intelligence to make valid digital (business) advertising and makes that advertising (a part or all of the advertising, as the case may be) with (by means of ) that artificial intelligence. Properly: when the diligence makes artificial intelligence necessary (and this is created and / or validly used) this product allows the company to make the (a) valid advertising (the -one valid business digital advertising).

 

Making the company —that the advertising of the company— (through artificial intelligence, own or a third party – artificial intelligence that is valid if the company is diligent in foreseeing and making it valid. measure of the case-) make a valid language agreement with the consumer.

 

 

Conclusion

 

In the theory of preventive consumer law in digital advertising (as the case may be): artificial intelligence can make an advertisement tailored to the case. That is: it can make a valid advertisement. Then: it can make a valid language agreement with the consumer.

 

It makes (including: does) so if the company is diligent in anticipating and causing artificial intelligence to make the consumer perceive, receive and / or understand (as the case may be) advertising validly. That is to say: in a harmonic way with the law. What makes advertising make a valid link with the consumer.

 

Then: the company must be diligent in defining the need for artificial intelligence. It is necessary when it is necessary to make an experience —a part, including: a part or parts, or the whole of the experience, as the case may be— (ordinary and / or extraordinary, depending on the case) valid in that (in) perception, reception and / or understanding of advertising.

 

Therefore: if (when) the artificial intelligence is necessary to make the case valid (the valid case of the extracontractual and / or contractual legal relationship, as the case may be, formed on the basis of a —in the— business digital advertising) makes the advertising is valid (in part or in the whole of the advertising that it makes, according to the case) and that the link that the company forms with the consumer based on it (in it) is valid (in the part or in the all of the advertising made with —by means— artificial intelligence).

 

Then: if the advertising is valid the legal link with the consumer is valid and that makes the juridical relationship (that the consumer relationship) between the company and the consumer is created, developed and finished in a harmonious form with the law. In a valid form (way).