[…] Because common elements of consumer protection legislation include requirements of clarity and comprehensibility of information and commercial communications on-line, rules on truthful advertising, and deterrents against misleading and aggressive commercial practices, as well as other rules aimed at the substance of the consumer contract, Part One of this paper identifies the common elements of dark patterns typically used on digital platforms (e.g., manipulation, deception, forced registration, hidden legalese stipulations, etc.). Parts two and three assess the patchwork of legislative instruments that make up the EU consumer protection regime, and the related mechanisms of redress and enforcement. In these sections, we also consider to what extent the application of Directive 2019/216128 will strengthen the tools made available by the Consumer Protection acquis to combat the use of dark patterns. We conclude that consumer protection law should be utilised to maximum effect to ensure a trusted environment essential to the continued development and success of the digital single market. This will ensure design processes and user interfaces are developed for digital environments that respect and uphold the interests of consumers interacting therewith.
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Dark Patterns: Light to be found in Europe’s Consumer Protection Regime
This paper emphasizes the potential of consumer protection legislation as a powerful enforcer against dark patterns, offering more protection and enforcement opportunities than the GDPR. The modernization of consumer protection rules and enhanced harmonization, along with stronger remedies and enforcement capabilities, are expected to contribute to a more effective response to manipulative design features in digital environments.