Consumer Choice in the Age of Dark Patterns EU Law Perspectives

Panagiotis Kitsos () and Paraskevi Pappa
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Panagiotis Kitsos: Universityof Macedonia
Paraskevi Pappa: University of Ioannina

A chapter in Leading Change in Disruptive Times, 2026, pp 297-311 from Springer

Abstract: Abstract The digital economy has grown exponentially, transforming the way consumers engage with online services and products; However, this emerging digital environment has created a power asymmetry, allowing corporations to exploit consumer choices in wats that benefit them at the expense of the users’ best interest. One major concern is the rise of “dark patterns”, manipulative design practices that exploit cognitive biases to influence user behaviour. While these deceptive practices have long existed in traditional commerce, their integration into digital interfaces has made them more sophisticated, harder to detect and more impactful on consumer welfare. This paper investigates the prevalence and impact of “dark patterns”, focusing on their legal and ethical implications under EU law. It explores the regulatory landscape, analyzing key legislative efforts such as the General Data Protection Regulation (GDPR), Digital Markets Act (DMA), Digital Services Act (DSA) and Artificial Intelligence (AI) Act. Through a conceptual legal analysis, this study highlights the challenges of defining, detecting and regulating dark patterns. It argues that consumer protection frameworks must evolve to address emerging forms of AI-driven manipulation, ensuring that digital environments foster trust, fairness and user autonomy. Finally, the paper advocates the stronger enforcement mechanisms, cross border regulatory coordination and greater transparency in digital design practices.

Keywords: Dark patterns; consumer manipulation; EU digital regulation; digital fairness (search for similar items in EconPapers)
Date: 2026
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Persistent link: https://EconPapers.repec.org/RePEc:spr:prbchp:978-3-032-19276-9_22

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DOI: 10.1007/978-3-032-19276-9_22

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