Legal regulation of the use of social media for marketing purposes: Aspects of human rights and constitutional guarantees

This study aimed to develop recommendations for enhancing the protection of user rights in the digital environment by implementing transparent mechanisms for monitoring compliance with human rights and optimising regulatory acts. The study included a comprehensive analysis of the legal regulation of the use of social media for marketing purposes, the specifics of user data processing and their impact on privacy, personal autonomy and freedom of choice. The analysis found that existing mechanisms for protecting personal data on social networks are insufficient, and current regulatory acts do not fully ensure transparency in information processing. In particular, users are often unaware of the scope of the data being collected and processed by social platforms, indicating a problem of insufficient awareness and the complexity of obtaining consent for data processing. It was found that social networks use personalised content algorithms, which not only aim to optimise advertising but can also shape users' digital behaviour by restricting their access to alternative information. The study also showed that Ukraine’s current legislation contains significant gaps in the area of digital privacy, particularly concerning the consent of users for personal data processing, the responsibility of platforms for confidentiality breaches, and the regulation of automated decision-making systems in marketing strategies. An analysis of international standards, notably the General Data Protection Regulation, revealed substantial differences between the European and Ukrainian models of personal data protection. Based on the identified shortcomings, the study formulated recommendations for improving personal data protection mechanisms, including strengthening the responsibility of technology companies for confidentiality breaches, including imposing significant fines for the unlawful collection and use of personal data