{"title":"Manipulation by design","authors":"Jan Trzaskowski","doi":"10.1007/s12525-024-00699-y","DOIUrl":null,"url":null,"abstract":"<p>Human behaviour is affected by architecture, including how online user interfaces are designed. The purpose of this article is to provide insights into the regulation of behaviour modification by the design of choice architecture in light of the European Union data protection law (GDPR) and marketing law (UCPD). It has become popular to use the term ‘dark pattern’ (also ‘deceptive practices’) to describe such practices in online environments. The term provides a framework for identifying and discussing ‘problematic’ design practices, but the definitions and descriptions are not sufficient in themselves to draw the fine line between legitimate (lawful) persuasion and unlawful manipulation, which requires an inquiry into agency, self-determination, regulation and legal interpretation. The main contribution of this article is to place manipulative design, including ‘dark patterns’, within the framework of persuasion (marketing), technology (persuasive technology) and law (privacy and marketing).</p>","PeriodicalId":47719,"journal":{"name":"Electronic Markets","volume":"77 1","pages":""},"PeriodicalIF":7.1000,"publicationDate":"2024-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Electronic Markets","FirstCategoryId":"91","ListUrlMain":"https://doi.org/10.1007/s12525-024-00699-y","RegionNum":3,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"BUSINESS","Score":null,"Total":0}
引用次数: 0
Abstract
Human behaviour is affected by architecture, including how online user interfaces are designed. The purpose of this article is to provide insights into the regulation of behaviour modification by the design of choice architecture in light of the European Union data protection law (GDPR) and marketing law (UCPD). It has become popular to use the term ‘dark pattern’ (also ‘deceptive practices’) to describe such practices in online environments. The term provides a framework for identifying and discussing ‘problematic’ design practices, but the definitions and descriptions are not sufficient in themselves to draw the fine line between legitimate (lawful) persuasion and unlawful manipulation, which requires an inquiry into agency, self-determination, regulation and legal interpretation. The main contribution of this article is to place manipulative design, including ‘dark patterns’, within the framework of persuasion (marketing), technology (persuasive technology) and law (privacy and marketing).
期刊介绍：
Electronic Markets (EM) stands as a premier academic journal providing a dynamic platform for research into various forms of networked business. Recognizing the pivotal role of information and communication technology (ICT), EM delves into how ICT transforms the interactions between organizations and customers across diverse domains such as social networks, electronic commerce, supply chain management, and customer relationship management.
Electronic markets, in essence, encompass the realms of networked business where multiple suppliers and customers engage in economic transactions within single or multiple tiers of economic value chains. This broad concept encompasses various forms, including allocation platforms with dynamic price discovery mechanisms, fostering atomistic relationships. Notable examples originate from financial markets (e.g., CBOT, XETRA) and energy markets (e.g., EEX, ICE). Join us in exploring the multifaceted landscape of electronic markets and their transformative impact on business interactions and dynamics.
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