Abstract
Dark patterns—deceptive digital design practices that manipulate consumer behavior—have drawn increasing regulatory scrutiny within the European Union. While frameworks such as the Unfair Commercial Practices Directive (UCPD), the General Data Protection Regulation (GDPR), the Digital Services Act (DSA), and the AI Act address various aspects of consumer protection and online fairness, the effectiveness of these regulations in curbing dark patterns remains uncertain. This study investigates the extent to which EU law adequately regulates dark patterns and identifies potential gaps in enforcement. The central research question is: How effectively does EU law address dark patterns, and what regulatory challenges remain in ensuring consumer protection? The study employs a legal-analytical methodology, systematically examining EU legislation, enforcement actions, and judicial interpretations relevant to dark patterns. It explores the interplay between different legal instruments, assessing how regulators define, monitor, and penalize deceptive design practices. Additionally, the study analyzes recent policy initiatives, including guidance from the European Commission and enforcement actions by national consumer protection authorities. Through a comparative legal assessment, the research highlights inconsistencies in enforcement across EU member states and evaluates the adequacy of proposed regulatory reforms. By focusing on legal frameworks rather than behavioural effects, this research critically assesses the EU’s regulatory approach to dark patterns. The findings contribute to ongoing discussions on digital consumer rights, platform accountability, and the evolving role of competition, consumer, and data protection law in mitigating manipulative online practices.
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
KEYWORDS
Dark Patterns, European Union, Consumer Protection, Regulatory Responses
