{"ID":2864316,"CreatedAt":"2026-06-01T04:54:23.091178241Z","UpdatedAt":"2026-06-01T04:54:23.091178241Z","DeletedAt":null,"paper_url":"https://arxiv.org/abs/2509.23851","arxiv_id":"2509.23851","title":"Price discrimination, algorithmic decision-making, and European non-discrimination law","abstract":"Our society can benefit immensely from algorithmic decision-making and similar types of artificial intelligence. But algorithmic decision-making can also have discriminatory effects. This paper examines that problem, using online price differentiation as an example of algorithmic decision-making. With online price differentiation, a company charges different people different prices for identical products, based on information the company has about those people. The main question in this paper is: to what extent can non-discrimination law protect people against online price differentiation? The paper shows that online price differentiation and algorithmic decision-making could lead to indirect discrimination, for instance harming people with a certain ethnicity. Indirect discrimination occurs when a practice is neutral at first glance, but ends up discriminating against people with a protected characteristic, such as ethnicity. In principle, non-discrimination law prohibits indirect discrimination. The paper also shows, however, that non-discrimination law has flaws when applied to algorithmic decision-making. For instance, algorithmic discrimination can remain hidden: people may not realise that they are being discriminated against. And many types of unfair - some might say discriminatory - algorithmic decisions are outside the scope of current non-discrimination law.","short_abstract":"Our society can benefit immensely from algorithmic decision-making and similar types of artificial intelligence. But algorithmic decision-making can also have discriminatory effects. This paper examines that problem, using online price differentiation as an example of algorithmic decision-making. With online price diff...","url_abs":"https://arxiv.org/abs/2509.23851","url_pdf":"https://arxiv.org/pdf/2509.23851v1","authors":"[\"Frederik Zuiderveen Borgesius\"]","published":"2025-09-28T12:41:48Z","proceeding":"cs.CY","tasks":"[\"cs.CY\"]","methods":"[]","has_code":false}