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'Dark Patterns': the case for regulatory pluralism

Mark Leiser

No ea5n2, LawRxiv from Center for Open Science

Abstract: ‘Dark patterns’ is a term commonly used by the web collective to describe a user interface that exploits users into doing something that they would not normally do. It is a coercive and manipulative design technique used by web designers when some sort of action is needed from a user - typically to begin the processing of personal data or indication of agreement to a contract. As dark patterns can compromise legal requirements like consent and privacy-by-design and legal principles found in both regimes, like fairness and transparency, this article analyses ‘dark patterns’ from a regulatory perspective. Two frameworks are critiqued: the European Union’s regime for data privacy and consumer protection. The paper also provides an overview of the enforcement measures available for the regulation of dark patterns. It concludes that a pluralistic approach that mixes the strengths of one regulatory regime while compensating for its weaknesses by the use of the other is needed to harness dark patterns.

Date: 2020-07-16
New Economics Papers: this item is included in nep-law and nep-reg
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Persistent link: https://EconPapers.repec.org/RePEc:osf:lawarx:ea5n2

DOI: 10.31219/osf.io/ea5n2

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