No. 127: Towards an Empowerment-Based Regulation of Dark Patterns: A Comparative Analysis of EU and US Law, Part 1 – Dark Patterns, Manipulation by Design

Abstract

Dark patterns or deceptive patterns can be defined as techniques of deception or manipulation of users through interfaces that substantially subvert or alter the autonomy, decision-making, or choices of a user during their online activities. These techniques are used, for example, to lead users to share more personal data, to pay higher prices for products or services, to prevent them from canceling subscriptions, or to make exercising their rights more difficult, if not impossible. The context in which these applications are used induces decision-making based on System 1 (Kahneman) and heuristics — quick and cognitively low-cost decisions. Law itself presents as the primary defense against these manipulative practices, which undermine trust in the digital space and the sustainability of the digital economy. While European legislators have established a relatively precise framework, across the Atlantic, in the United States, lawmakers appear to be more restrained. This initial study from the TTLF research project “Towards an Empowerment-Based Regulation of Dark Patterns” first aims to present these techniques of deception and manipulation, explain how they work, and why they are effective. We then seek to outline the regulatory framework governing dark patterns, both in Europe and the United States, while identifying its gaps. This study serves as a report on the first phase of the research project and is a state-of-the-art review.

Details

Author(s):
Publish Date:
December 12, 2024
Publication Title:
TTLF Working Papers
Publisher:
Stanford Law School
Format:
Working Paper
Citation(s):
  • Fabien Lechevalier, Towards an Empowerment-Based Regulation of Dark Patterns: A Comparative Analysis of EU and US Law, Part 1 - Dark Patterns, Manipulation by Design, TTLF Working Papers No. 127, Stanford-Vienna Transatlantic Technology Law Forum (2024).
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