This is how dark patterns influence our decisions
Tatjana Halm, lawyer at the Bavarian Consumer Center, answers questions about dark patterns and manipulation.
Ms. Halm, what are dark patterns?
Dark patterns are manipulative designs or processes on the Internet that are intended to persuade users to take a certain action. Companies try to get personal data from consumers or impose paid contracts on them. Buttons or texts are designed in such a way that users do not notice the disadvantages.
A classic case is cookie banners. Consent to tracking is very easy to find using a large, green button. If you don't want to give out your data, you have to look for a small, often gray text field to refuse. Simply by designing banners, companies can ensure that many users consent completely unconsciously and make their data available for advertising purposes. In other cases, queries are formulated misleadingly or cancellation options are hidden in such a way that they cannot be found.
Is the use of dark patterns allowed?
Whether and how dark patterns may be used has not yet been expressly regulated. Their use is not clearly prohibited. In individual cases, however, manipulative designs are clearly inadmissible if they violate information obligations or legal provisions of the General Data Protection Regulation.
Here too, cookie banners serve as a good example. If a company wants to set cookies to use a consumer's data for advertising, they must obtain their express consent. Users would actually have to check the boxes themselves. If all the checkboxes have already been ticked in advance, as is the case on some websites, the user no longer gives voluntary and informed consent. In these cases this is manipulation and clearly not permitted.
What is the best way to protect yourself from such manipulation?
Internet users should be aware that dark patterns can be encountered on many websites. You should read instructions and buttons carefully and not click on buttons too quickly. Even a supposed urgency should not tempt you to do so. The impression is often given that a special offer is only valid for a short time or that a product is only available in very limited quantities. Most of the time there is nothing behind it.
If consumers have had bad experiences with dark patterns and their decisions have been manipulated as a result, they can lodge a complaint with the consumer advice center . If there is a violation, the company can be warned.
Source: Consumer advice center
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