Differentiatie of discriminatie van klanten van (financiële) ondernemingen. En hoe werkt dat bij algoritmen?

Due to new technological developments financial institutions can further distinguish between clients, e.g. when granting loans or providing insurance cover or providing other financial products. Also the strategy of financial institutions may negatively impact some clients when not taking into account the specific situation of these clients. In this article I discuss the three core reasons why financial institutions may treat some customers less favorably than others: (i) price discrimination based on willingness to pay, (ii) risk based pricing and (iii) by not taking into account the specific situation of the customer, by offering a standard product. I evaluate to what extent this is allowed under anti-discriminations law. Specific emphasis is placed on the risk of discrimination when using Algorithms and Big Data.