Rückblick: Spotlight on Dark Patterns: What can the ePrivacy Regulation do?
Panel discussion: Dark pattern regulation in the new ePrivacy Regulation
Description and content of the event
So far, neither national nor European legislators have found an effective way to regulate dark patterns. Dark patterns are increasingly used, particularly in the area of cookie consent. A new opportunity to fill this gap is provided by the new ePrivacy Regulation, which will replace the old ePrivacy Directive (Directive 2002/58/EC). So far, the drafts of the ePrivacy Regulation do not specifically address dark patterns, unlike, for example, the California Privacy Rights Act (CPRA) from the USA. The panel discussed whether the European legislator has missed an opportunity and how the new ePrivacy Regulation could limit dark patterns:
- Peter Eberl, Deputy Head of Unit Cybersecurity and Digital Privacy, EU Commission
- Maryant Fernández, Senior Digital Policy Officer, The European Consumer Organisation (BEUC)
- Cristiana Santos, Assistant Professor, Utrecht University
- Christian Drews, Research Fellow, Dapde
Moderator: Quirin Weinzierl, Project Coordinator, Dark Pattern Detection Project (Dapde)
A recording of the entire event can be found here (YouTube).
Time and place
| Date of the event | 26 Mai 2021 |
| Location | Digital |
Related Projects
Dark Pattern Detection Project (Dapde)
Manipulative interfaces are pervasive on the Internet, particularly in the domain of online shopping. Consumers are persistently confronted with mechanisms that are designed to influence them to make hasty (purchasing) decisions that are incongruent with their interests or even contradictory. Furthermore, examples of dark patterns include subscription traps, trick questions and bait-and-switch tactics. In addition to legal solutions, the project has also developed technical support for consumers. The prototype, currently known as the 'Dark Pattern Blocker', has been developed by a cooperation partner at the University of Heidelberg. It functions similarly to an ad blocker, identifying and neutralising dark patterns. The prototype can recognise and flag specific dark patterns, highlight them for the user, and provide an explanation of their impact. The DaPDE team at the National Institute for Public Administration Germany is examining the technical aspects to ensure they align with legal standards.
