Dark patterns: EU's regulatory efforts

Abstract

In a world where technology is rapidly advancing, regulation of dark pattern practices has become a topic of increasing importance. Society has become somewhat desensitized to these deceptive online practices that manipulate users into taking actions, which are not in their best interests, such as difficulty unsubscribing from a service, prominence of consent buttons, and countless other advanced tactics to obscure transparency. However, these ongoing practices harm both the individual user, and society in general, by impeding informed decision‐making. This Article addresses the European Union's leading efforts to tackle dark pattern practices, and in particular, addresses the numerous legislative acts which have been enacted to regulate and eliminate them. The acts explored in this Article include the General Data Protection Regulation, the Uniform Commercial Practices Directive, the Data Act, the Digital Markets Act, the Digital Services Act, the Amendment to the Directive on Financial Services Contracts Concluded at a Distance, and the Artificial Intelligence Act. This Article then discusses the interplay between the numerous acts, and the resulting ambiguities and overlap which have led to a level of regulatory redundancy. This Article examines not only the difficulty in interpretation of the various acts, but additionally, explores the issues which arise in implementation from a jurisdictional perspective. Further, this Article suggests potential solutions to address the fragmented legislation, including a hybrid form of harmonization, as well as methods for consolidation and centralization.