Dark Patterns: Not A New Concept But Will Now Be Heavily Regulated

The concept of a 'dark pattern' is not yet defined in law, although several pieces of legislation touch on the concept.

A dark pattern is a deceptive design tactic, used in an online environment that is engineered to subtly manipulate the end user's decision.

A dark pattern generally includes the following features:

1. A design feature or environment online;
2. that distorts, impairs, or subverts the decisions of the end user; and
3. causes detriment or harm to the end user, such as compromised privacy or consumer exploitation.

There are a number of different laws that relate to the use of dark patterns or the related outcome of its use. We have looked at three areas: Online Safety; Data Protection; and Consumer Protection.