Imagine you're in an online shop that at first glance looks like a paradise for bargain hunters. There are countless attractive-looking limited-time deals on offer, and before you know it, you've spent several minutes to hours trying to find the best deals for you in order to save a tidy sum and save on shipping costs.
Does this or a similar situation sound familiar?
Have you ever found yourself quickly clicking ‘Accept all cookies’ to read the content of a website instead of signing up for a €3 per month subscription? Perhaps you were relieved that at least you didn't have to commit to a subscription.
If you are not completely unfamiliar with such moments, then you too have already fallen for the mechanism of Dark Patterns, or at least come into contact with them.
These hidden design tricks are masterful at exploiting our cognitive weaknesses and tricking us into performing actions we would normally avoid. But can we defend ourselves against this manipulation?
In this article, we will explain the mechanisms behind the five main categories of dark patterns and show you how you can effectively protect yourself against them.
What are dark patterns?
The term ‘dark patterns’ was placed in 2010 by usability expert and web designer Harry Brignull. Brignull wanted to draw attention to the growing number of manipulative design practices on the web and raise awareness of how these techniques can negatively affect the user experience.
Dark patterns describe designs or processes that deceive or manipulate users in order to trick them into taking actions they would not normally take. They exploit human weaknesses and cognitive biases to trick consumers into rash or impulsive actions. These practices are often aimed at increasing sales of products or services and gaining user data for the benefit of the company or platform in question.
However, dark patterns are not only problematic because they undermine user trust and can cause frustration and anger. From an ethical perspective, they violate users' rights and exploit their weaknesses. In the long term, dark patterns can therefore lead to a bad reputation and legal consequences for companies.
Are companies allowed to make use of dark patterns?
In a highly competitive market, companies use dark patterns to try to secure their market share through aggressive tactics and maximise their profits. But is the use of dark patterns even legal?
From a legal perspective, the use of dark patterns is often in a grey area. In many countries, there are no specific laws that explicitly prohibit the use of such tactics. These regulatory loopholes allow companies to use such practices without consequences. Even when laws do exist, the penalties are often not deterrent enough to discourage companies from using manipulative tactics.
Nevertheless, certain dark patterns may violate general consumer protection laws that prohibit misleading or deceptive practices. In the European Union, for example, dark patterns could violate the General Data Protection Regulation (GDPR) if they lead to the unlawful collection of data. The California Consumer Privacy Act (CCPA) also exists in the USA, which prohibits or more strictly regulates the unlawful collection of personal data.
Since 17 February 2024, the Digital Service Act (DSA) has also come into force in the EU, which expressly prohibits online platforms in the EU from making use of dark patterns. As a result, online platforms may soon face warnings.
Taxonomy of dark patterns
Based on research by Luguri and Strahlevitz (source), there is a detailed classification of existing dark patterns into five main categories. We would like to present these categories and the dark patterns that fall under them here:
- Pressure
Being under pressure to refrain from or perform certain actions is a widespread dark pattern. Users are deliberately manipulated to act quickly or make decisions that they might not make under normal circumstances. Dark patterns in this category include:
- Nagging: Constant prompts and reminders (e.g. via recurring pop-ups).
- Social proof: False / misleading positive testimonials / reviews from other customers, or false / misleading indications that other users are buying something, make a contribution.
- Scarcity: Consumers are informed about limited quantities, or it is suggested that there is a high demand from other users.
- Urgency: Creation of time pressure, for example through countdown timers or time-limited offers.
- Forced action
BIn the case of forced actions, users either have no choice or the alternatives are linked to additional conditions. This type of dark pattern forces users to take certain steps, often without their full consent. Dark patterns in this category include:
- Friend spam / social pyramid / address book leeching: Access to email or social media data is requested in order to spam your contacts with messages that pretend to be from you. This also includes inviting friends.
- Privacy zuckering: Deception of consumers in order to disclose (more) personal data than intended.
- Gamification: Functions can only be ‘earned’ through repeated use.
- Forced registration: Consumers are tricked into believing that registration is necessary.
- Obstacles
Obstacles make it difficult for users to make certain decisions by requiring unnecessary or additional effort. These dark patterns make it harder to avoid unwanted actions or perform desired actions. Dark patterns in this category include:
- Roach motel: Easy to join, difficult to leave (e.g. easy registration, but difficult to unsubscribe).
- Price comparison prevention: Preventing or making it more difficult to compare prices.
- Intermediate currency: Purchases are displayed in virtual currency to disguise actual costs.
- Immortal accounts: Account and consumer data cannot be deleted.
- Deception
Surreptitious describes the practice of users not realising the consequences of their actions because secret changes have been made. These dark patterns often use subtle tricks to lure users into a trap. Dark patterns in this category include:
- Sneak into basket: Items are added to the basket without being noticed.
- Hidden costs: Hidden additional costs that only become visible at the end of the purchase process.
- Hidden subscription/forced continuity: Automatic renewal of subscriptions without clear information.
- Bait and switch: Promotion of a product or offer that is then replaced by another.
- Mislead
Misleading behaviour includes designing the user interface in a way that deviates from or contradicts the usual expectations. This often leads to users taking unintended actions. Dark patterns in this category include:
- Hidden information/aesthetic manipulation: Hiding important information through design.
- Preselection: Pre-selection of the most attractive variant for the respective company.
- Toying with emotion: Using emotional manipulation.
- False hierarchy/pressured selling: Misleading presentation of options in order to achieve manipulation to select the more expensive version.
- Trick questions: Questions that are formulated in such a way that they are easily misunderstood (e.g. double negatives).
- Disguised ad: Ads that are disguised as regular content.
- Confirmshaming: Decisions made by users are framed as bad, dishonourable, etc. in order to create pressure.
- Cuteness: Trivialisation through cute design.
The future of Dark Patterns
Dark patterns are a serious and widespread problem that influences our online behaviour and decisions. Study results, such as a 2022 study by the European Union, show that 97% of the most popular websites in the EU use at least one dark pattern. Another study by the EU Commission and national consumer protection authorities from 2023 found that 40% of online shops inspected use manipulative practices. The study results indicate that dark patterns have not yet been completely eradicated despite regulatory measures. It can be assumed that they could continue to be used in the future. But what does the future hold for dark patterns?
There are already numerous potential uses for dark patterns today thanks to a wide range of new technologies such as voice assistants, smart home devices, virtual reality and AI.
Advances in artificial intelligence will make dark patterns increasingly personalised, subtle and widespread. In addition, augmented reality will offer companies new ways to collect even more data and transfer these manipulative patterns into the physical world. As a result, the new technologies offer the possibility that manipulation can and will be much more complex, individualised and difficult to control.
Therefore, based on these assumptions, we can only assume that there can still be no guarantee of a dark pattern-free online landscape in the future and that we as consumers are called upon to take active action and protect ourselves.
Recognition of dark patterns
Dark patterns are designed to be subtle, convincing and deceptive. It is therefore important that we as consumers recognise the aforementioned taxonomies of dark patterns and can better protect ourselves against them in the future. We would like to provide some general tips below on how we can protect ourselves from dark patterns:
Be informed
The first step to avoiding dark patterns is to educate yourself about their manifestations and techniques. By learning how these patterns work, you can better understand and recognise their effects. Websites such as Deceptive Patterns or Dark Pattern Detection Project offer a wealth of examples and explanations to help you arm yourself. Knowing about your own cognitive biases and heuristics that influence your decisions can also be helpful.
Be vigilant and attentive
Pay attention to the design and wording of the online platforms you use. Dark patterns can manifest themselves in many forms, such as countdown timers, pop-up messages, pre-selected options, hidden costs or misleading language. Read the small print, terms and conditions and privacy policy carefully. Reviews from other users can also be helpful in recognising deceptive practices.
Be critical and sceptical
Question the validity and reliability of the information and offers you see online. Thoroughly compare prices, features, advantages and disadvantages of different products or services. Look for independent reviews, ratings or recommendations to make an informed decision.
Be confident and selective
Don't let pressure or temptation lead you to act impulsively or emotionally online. Take the time to make informed and rational decisions that align with your personal goals and values. Unsubscribe from unsolicited newsletters, notifications or sharing information with third parties. Cancel subscriptions or accounts you no longer use to minimise your online presence and protect yourself from dark patterns.
Conclusion
Dark patterns were and still are an existing problem in the online landscape. Sometimes we are very aware that dark patterns come to light on online platforms, and sometimes they unconsciously tempt us to carry out actions that we would not have done.
Laws such as the Digital Service Act (DSA) and the GDPR already provide a legal basis in the EU to prohibit the use of dark patterns. Nevertheless, we still have a long way to go before we live in a world in which dark patterns will no longer play a role. As users, we must therefore remain vigilant and be aware of manipulative tricks.
Companies should refrain from using dark patterns for ethical, legal and business reasons. Manipulative practices may lead to higher sales figures or more data collected in the short term, but cause significant damage in the long term by destroying user trust and can result in negative reporting and word of mouth. Instead, companies should focus on transparency and user-friendliness to build a loyal and satisfied customer base that contributes to long-term success.
We would be happy to help you design your online presence Dark Pattern free.
