Dark Patterns On The Advertisement Board's Agenda

Unfair commercial practices, also known as the "dark patterns", have entered the agenda of the Advertisement Board. Dark patterns may in fact be considered as unfair commercial practices regulated under the Regulation on Commercial Advertising and Unfair Commercial Practices ("Regulation"). Pursuant to the Regulation, a consumer-oriented commercial practice is deemed to be unfair if it does not comply with the requirements of professional care and if it significantly impairs or is likely to significantly impair the economic behavior of the average consumer or the average member of the group to which it targets. Consumer-oriented commercial practices are considered to significantly distort the economic behavior of consumers if they reduce the average consumer's ability to make an informed decision and lead them to execute a contract which they would not otherwise be a party.