Dark Patterns on the Internet Under the EU Consumer Law

This study is a literature review approach about dark patterns as unfair practices that manipulate consumer behavior as well as about the consumer’s legal protection against them. The study engages with the question how we define dark patterns on digital interfaces, covering the whole range of relationships between consumers, service providers and/or traders. Special mention is also made to consumer data protection through the General Data Protection Regulation (GDPR), since many dark patterns include tricking consumers into giving their consent to the use of personal data in ways they might not want. Furthermore, this study engages with the enforceability of the actual EU acquis on dark patterns, considering how effective it is to ensure a balance between business and consumer interests. For a pattern to be prohibited as dark, there must be some kind of harm to consumers. Of particular importance is the infliction of financial loss, while other forms of harm may be privacy harm and time loss. The study notes that a dark pattern should be criticized regardless of the designer’s intent. Finally, the study concludes that policy interests should be seen as a tool to empower legal enforcement on dark patterns. In this attempt basic principles should be reflected on codes of conduct such as the principle of transparency and the principle of good faith. The goal of this study is to connect regulators, policymakers and business world by discussing the legal implications of the use of dark patterns in the user interface design industry.