Dark Pattern
What is Dark Pattern?
A deceptive user interface design that tricks users into making unintended choices, increasingly subject to regulatory scrutiny and prohibition.
Terms that appear alongside dark pattern
Each of these is named in at least one of the same controls as dark pattern. The number is how many controls name both.
- consent 5 shared controls
- policy 4 shared controls
- compliance 3 shared controls
- profiling 2 shared controls
- eprivacy regulation 2 shared controls
- eprivacy directive 2 shared controls
- opt in consent 2 shared controls
- cookie consent 2 shared controls
Frameworks that govern dark pattern
What the standards actually require on dark pattern
Requirements naming dark pattern across 6 standards, quoted from the control text.
Methods for making requests and giving consent must be easy to understand, offer symmetrical choices (the privacy-protective path no longer or harder than the other, for example Accept All paired with Decline All), avoid confusing wording, double negatives and...
ccpa-cpra::CCR 7004 · Design request and consent flows without dark patterns →Consent must be a clear affirmative act that is freely given, specific, informed and unambiguous; agreement obtained through dark patterns does not constitute consent.
COPA-1308-CONSENT · Valid Consent and Dark Patterns →Consent must be a clear affirmative act, freely given, specific, informed and unambiguous (not via dark patterns); controllers must provide a mechanism to revoke consent and cease processing within 15 days of revocation.
CTDPA-42-520-CONSENTREVOKE · Consent and Revocation (No Dark Patterns) →A covered platform may not use dark patterns to lead or encourage children to give more personal information than reasonably expected, to forgo privacy protections, or to take actions the platform knows or wilfully disregards may cause substantial harm or priv...
florida-digital-bill-of-rights-fdbr::501.1735(2)(g) · 501.1735(2)(g): no dark patterns aimed at children →Providers of online platforms shall not design, organise or operate their online interfaces in a way that deceives or manipulates recipients or otherwise materially distorts or impairs their ability to make free and informed decisions (prohibition of dark patt...
DSA-Art.25 · Online interface design and organisation →Tietosuojalaki Section 24 - Sanctions Collegium (Seuraamuskollegio). The Seuraamuskollegio is a 3-MEMBER COLLEGIAL DECISION-MAKING BODY within the Tietosuojavaltuutettu Office, composed of the Tietosuojavaltuutettu + 2 Deputy Ombudsmen;
FiDPA-SanctionsCollegium · Sanctions Collegium (Seuraamuskollegio) and Administrative Fines →Questions people ask about dark pattern
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