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ARTICLE · 05 MAY 2024

Market Intelligence Thought Leadership Award Winner

Shedding Light On Dark Patterns: Legal Frameworks And Best Practices For Online Businesses

With recent regulatory changes impacting the topic, the term "dark patterns" is garnering attention and prompting online businesses to reassess their digital strategies.

SwitzerlandMedia, Telecoms, IT, Entertainment

With recent regulatory changes impacting the topic, the term "dark patterns" is garnering attention and prompting online businesses to reassess their digital strategies. In this article, we'll explore the definition of dark patterns, examine their legal implications in the European Union (EU), and provide guidance for businesses navigating this evolving landscape.

What is a 'dark pattern'?

Simply put, dark patterns are design tricks used in user interfaces to 'trick', 'encourage' or 'compel' users into taking certain actions. These are often aimed at pushing users into decisions they might not want to make, leading to negative outcomes for them.

There are various examples of dark patterns, one of which is known as "confirmshaming." It occurs when users are booking services online and encounter boxes or buttons that guilt-trip them into clicking, with messages like, "Are you sure you don't want this awesome deal?" or "Do you really want to take this risk?".

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