Dark patterns

What it means

Dark patterns are website or app design elements that manipulate users into decisions they would not otherwise make. They include hidden or complicated subscription cancellation, pre-ticked consents, fake countdown timers, misleading buttons and add-on products slipped into the basket.

They exploit psychological weaknesses such as fear of missing out, inertia or the wish to finish a task quickly. In the short term they may raise conversions, but they damage customer trust and increasingly breach the law.

They are prohibited by the Digital Services Act for online platforms and are generally caught by consumer protection law as unfair commercial practices. In consent to data processing they also conflict with the GDPR requirement of freely given and informed consent.

How it works in practice

A typical problem is cookie consent banners where the accept button is prominent and rejection is hidden in further steps. Supervisory authorities expect refusing to be as easy as agreeing, and consent obtained through manipulation may not be valid.

In a subscription model, cancelling must be as accessible as signing up. If a customer subscribes with one click, they should not have to phone or click through dozens of screens to cancel. European rules are gradually tightening this requirement.

Good UX design practice is to build interfaces so that users clearly see the price, terms and consequences of their choices. When reviewing one's own online store or app, it helps to go through the entire purchase and cancellation flow through the customer's eyes and look for places that could confuse them.

What to watch out for

Penalties for unfair commercial practices and DSA breaches can be significant, and supervisory authorities are paying more and more attention to dark patterns. Collective consumer actions and negative publicity, which harm a brand more than a fine, are further risks.

The line between persuasive marketing and manipulation is not always sharp. Highlighting a recommended plan is fine, a false claim that only a few items are left is not. When in doubt, it is better to choose the more transparent option.