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Results of Review of Use of Dark Patterns Affecting Subscription Services, Privacy

“The Federal Trade Commission and two international consumer protection networks announced the results of a review of selected websites and apps that showed a large percentage of the websites and mobile apps examined may use dark patterns, digital design techniques that may manipulate consumers into buying products or services or giving up their privacy. These techniques can steer consumers to take actions they would not otherwise have taken. The International Consumer Protection and Enforcement Network’s (ICPEN) annual review, which took place January 29-February 2, 2024, examined the use of possible dark patterns by 642 websites and mobile apps that offered subscription services from companies across the globe and in multiple languages. Officials from 27 authorities in 26 countries participated. Nearly 76% of the sites and apps examined as part of the review employed at least one possible dark pattern, and nearly 67% used multiple possible dark patterns. It was not reported whether these identified practices were used in an unlawful way or violated the laws of the affected countries.

  • Global Privacy Enforcement Network GPEN Sweep 2024: “Deceptive Design Patterns” Report July 9, 2024
  • OECD (2022), “Dark commercial patterns“, OECD Digital Economy Papers, No. 336, OECD Publishing, Paris, https://doi.org/10.1787/44f5e846-en. There is mounting concern that dark commercial patterns may cause substantial consumer detriment. These practices are commonly found in online user interfaces and steer, deceive, coerce, or manipulate consumers into making choices that often are not in their best interests. This report proposes a working definition of dark commercial patterns, sets out evidence of their prevalence, effectiveness and harms, and identifies possible policy and enforcement responses to assist consumer policy makers and authorities in addressing them. It also documents possible approaches that consumers and businesses may take to mitigate dark commercial patterns.

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