- Exploitation of sensitive data for advertising purposes is restricted.
- Protection of consumers on online marketplaces remains inadequate.
- Dark Patterns: Ban on manipulative design tricks is coming, albeit in a weaker form.
The European Parliament, the European Commission and the Council of the European Union have agreed in a trilogue on a regulation on the Digital Services Act (DSA). We reported about it here .
The Federal Association of Consumer Organizations (vzbv) welcomes the regulation because it makes online platforms more responsible. This makes the Internet fairer and safer for consumers.
“The Federal Association of Consumer Organizations welcomes the fact that trickery and manipulation will be made more difficult on many online platforms in the future and that advertising based on sensitive user data will no longer be allowed to be presented. But: There would have been more. Unfortunately, the processing of sensitive data for advertising purposes has not been generally prohibited. The protection of consumers from unsafe products and dubious dealers on online marketplaces remains inadequate,” says Jutta Gurkmann, board member of vzbv. “It remains to be seen to what extent the DSA will help better protect consumers from unsafe products and dubious offers when purchasing online,” says Gurkmann.
Personalized advertising curbed
The vzbv welcomes the fact that personal data of minors may no longer be used to display advertising. The following also applies to adult users: Displaying advertising based on sensitive data, such as information about sexual orientation, political beliefs or health, is prohibited. However, the compromise does not result in a clear and comprehensive ban on processing sensitive and personal data of minors for the purposes of personalized advertising. The vzbv had vehemently demanded this.
Due diligence requirements for online marketplaces are inadequate
The vzbv welcomes the fact that the Council and the European Parliament were able to agree in the trilogue to make the operators of online marketplaces more responsible. In the future, the legality of products will have to be randomly checked against official databases. The vzbv criticizes the fact that the operators of online marketplaces have not been obliged to carry out regular test purchases. This would have enabled them to verify whether retailers were complying with consumer rights, such as the right of withdrawal. The fact that operators of online marketplaces still cannot be held liable for breaches of duty of care is a further shortcoming of the European negotiation result.
Manipulative design tricks partially prohibited
A logical step is that the manipulation of user decisions via design tricks should be explicitly prohibited. So far, brokerage platforms and online marketplaces have been able to influence the behavior of consumers when using websites via so-called dark patterns. And sometimes this is to the detriment of consumers, for example by making cancellation processes more difficult or by cleverly hiding subscription traps. The European Parliament's proposals were only adopted in a weaker form, to the detriment of consumers. What is now important is effective enforcement of the dark pattern ban.
Supervision and enforcement of the new rules is crucial
The DSA is expected to come into force in 2023. The time until it comes into force must be used to clarify open questions and possible conflicts regarding official responsibilities and their financial resources.
In the future, national authorities and a European institution that has yet to be founded will have to ensure that the platforms adhere to the new regulations. How useful these are for consumers will therefore also be shown in the concrete implementation and enforcement of the DSA. The vzbv will monitor this closely.
In the revision of the DSA planned for 2026, the vzbv will particularly insist that online marketplaces be held even more accountable.
Source: Federal Association of Consumer Organizations
Notes:
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