European Union: Published EC study on dark patterns

On 16 May 2022, the European Commission released its behavioral study on "Unfair Commercial Practices in the Digital Environment." The study analysed whether the existing consumer protection framework is suited for the challenges posed by dark patterns and online consumer manipulation. The study analyses dark pattern tactics, finding that 97% of popular websites used by EU citizens contained at least one dark pattern, which can appear in different forms and are often combined. Examples include false or hidden information, difficult cancellations, obligatory registrations, or preselection of options (such as cookies). The study concludes that legislative adjustments may be necessary to respond to dark patterns and finds prohibitions of harmful practices and the shift of the burden of proof to be effective instruments.