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Pink slip for dark patterns?

While the European Parliament is working on new regulations against the design tricks known as “dark patterns”, data and consumer protection activists are setting about enforcing the laws already in place to curb the phenomenon. The European Data Protection Board has now published guidelines for dark patterns on social media platforms. Those who deliberately deceive or trick their customers may soon be put on notice or even sued. But before that, those affected have the opportunity to comment.

The data protection experts cite various provisions of the General Data Protection Regulation. Article 5 requires that personal data be “processed lawfully, fairly and in a manner comprehensible to the data subject.” Article 4 requires that consent can only be given “in an informed and unambiguous manner”. Article 12 states that information must be provided to citizens about data processing in a “precise, transparent, intelligible and easily accessible manner”.

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