Law, neuroscience, and authenticity by design: protecting users’ minds in the digital sphere

Contemporary digital technologies reshape human deliberation through micro-targeting, persuasive design, and algorithmic systems capable of anticipating and steering behaviour. Cognitive autonomy thus emerges as a central legal value. The analysis of the European normative framework, correlated with recent literature in neuroscience and behavioural economics, highlights the need to recognise mental integrity as an autonomous object of legal protection. Existing regulations structure data protection, digital competition, and commercial practices, while the dynamics of willformation call for distinct regulatory articulation. The article advances a transdisciplinary vision grounded in legal analysis, scientific knowledge, and technological design within a unified conceptual framework. The concept of Authenticity-by-Design is formulated as an operational model oriented toward cognitive impact assessments, standards of neutral design, and mechanisms of algorithmic transparency. Mental autonomy is conceptualised as an expression of dignity and a structural condition of freedom in an algorithmic society.

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Publication Details

Journal
Frontiers in Psychology
Published
2026-04-17
DOI
https://doi.org/10.3389/fpsyg.2026.1815392
Primary Topic
Ethics and Social Impacts of AI
Type
article
Field-Weighted Citation Impact
0.00
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article

Law, neuroscience, and authenticity by design: protecting users’ minds in the digital sphere

Cristina Elena POPA TACHE, Cătălin Silviu SĂRARU
Frontiers in Psychology
Ethics and Social Impacts of AI
article

Law, neuroscience, and authenticity by design: protecting users’ minds in the digital sphere

Cristina Elena POPA TACHE, Cătălin Silviu SĂRARU
article en

Abstract

Contemporary digital technologies reshape human deliberation through micro-targeting, persuasive design, and algorithmic systems capable of anticipating and steering behaviour. Cognitive autonomy thus emerges as a central legal value. The analysis of the European normative framework, correlated with recent literature in neuroscience and behavioural economics, highlights the need to recognise mental integrity as an autonomous object of legal protection. Existing regulations structure data protection, digital competition, and commercial practices, while the dynamics of willformation call for distinct regulatory articulation. The article advances a transdisciplinary vision grounded in legal analysis, scientific knowledge, and technological design within a unified conceptual framework. The concept of Authenticity-by-Design is formulated as an operational model oriented toward cognitive impact assessments, standards of neutral design, and mechanisms of algorithmic transparency. Mental autonomy is conceptualised as an expression of dignity and a structural condition of freedom in an algorithmic society.

Frontiers in PsychologyVol. 17
University of Cambridge (GB), Academia Oamenilor de Știință din România (RO), Danubius University (SK), Centre d'études et de recherches internationales de Sciences Po (FR), Bucharest University of Economic Studies (RO)
Peace, Justice and strong institutions
Openalex Percentile: Top 19%
Ethics and Social Impacts of AI
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