Personalised pricing: Europe keeps a low profile while New York forces retailers to be transparent

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In the State of New York, unprecedented legislation has come into force requiring retailers using personalised pricing algorithms to inform consumers. While the NRF is seeking to counter its impact, mind Retail raised this topic with the European Commission, the DGCCRF and the CNIL.

It is rare for the U.S.A. to be a frontrunner in consumer data protection. Yet the Algorithmic Pricing Disclosure Act, adopted last May by a federal court, came into force in mid-November 2025 in the State of New York. This is the first state to regulate the use of pricing algorithms based on personal data (browsing history, purchasing behaviour, location data and more). Retailers and e-commerce players using these tools must now display the statement: “This price was determined by an algorithm using your personal data” close to the public sale price. Offenders face a fine of US$1,000 per violation.

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