Dark patterns, or design patterns used to mislead users into making decisions favorable to a specific platform or application, constitute unethical means of manipulating users of digital services. The use of these practices in digital interfaces may violate the provisions of the GDPR, the Personal Data Protection Act, the Consumer Protection Act, and, from February 17, 2024, the Digital Services Act. Above all, patterns that lack sufficient data or are misleading may violate the principle of fair and transparent processing set forth in Article 5(1)(a) of the GDPR; in terms of consumer protection, they constitute unfair competition practices. The latter act, however, directly prohibits the use of dark patterns by online platforms.
Dark patterns take diverse forms – they can appear to users as hidden information about the option to unsubscribe, a lack of information about shipping costs, automatic addition of products to the cart, or a barrage of content that complicates decision-making and manipulates consumer decisions. They also involve varying the visibility of individual information and links, which often leads unsuspecting users to automatically flag specific content based solely on variations in color or font size. In practice, the most common scenario is content overload and automatic subscription renewals without the user's consent or knowledge.
Consumers using platforms employing dark patterns are often unaware of the harmful nature of these practices. This primarily results in the website gaining access to the user's sensitive personal data and using it in a manner that interferes with their well-being. This can threaten both their privacy and security. Entities offering digital products and services using unethical patterns are primarily driven by the desire for quick and easy profit, often forgetting that the use of these mechanisms impacts the company's reputation and the trust of its customers.
Currently, however, it's impossible to identify an effective method of protection against these types of malicious patterns. It's important to exercise due caution when using certain online platforms. It's worth noting that national data protection authorities are increasingly monitoring the issue of dark patterns.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of October 11, 2023
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