Without knowing it, you may have already fallen into the trap of dark patterns, manipulation techniques that encourage you to click, buy or provide personal information. Learn to spot them and outsmart them.
Surely it has happened to you, while you were browsing the web, to find yourself with a paid option added at the end of your order, to see a “Accept cookies” highlighted and necessary to access the site, or to receive a guilt message when you refuse a discount. The European Consumer Center (CEC) France warns about these manipulation techniques called dark patterns which seek to influence your behavior to the advantage of sites and merchants. The goal ? Trick you into buying, collect your personal data, charge you more, or discreetly subscribe to options or newsletters.
These technical and psychological processes “may be considered unfair trade practices. This is the case, for example, if a site displays free delivery but you are charged for it in the final price, or if a site displays very attractive prices for products that are not in stock.“, explains Bianca Schulz, head of CEC France. This is why you have to be particularly careful when surfing the Web.
Various techniques are used by websites to manipulate you. They fall into several categories. First, there are those that push you to buy by making you believe that you will miss out on an item or an opportunity if you wait too long to place an order. It goes through sentences like “Please note, there are only 5 items left in stock” Where “Only 3 hotel rooms left at this price”. Seeing this type of message, it is normal that you prefer to buy or reserve immediately. In the same genre, there are the famous limited-time promo codes that make you believe that you have to order now to save money, when they are displayed and can be used permanently, without time limit.
Similarly, you may be forced to buy products that you do not necessarily need. For example, while you only wanted to order a single product, the site offers you a delivery “free” but “for just a few euros more”. Consequence: you buy another product to reach the suggested amount. Also, when you place an order, your cart already contains items that you need to remove. Sites can also use positive reviews and videos from influencers to convince you of how good their product is and how life-changing it will be. Make no mistake, nothing assures you that these comments are true and sincere.
Dark pattern sites also resort to using graphics to trick you into clicking. This is particularly the case for recovering your personal data. The design of the site will then play on the size and color of the buttons, or on well-placed advertisements and pop-ups. The most obvious example is that of cookies: the “accept cookies” button appears roughly in the middle of the page and in a color that stands out from the background, and you are obliged to click on it to access the site. But if you look closely, very often there is a button “Continue without accepting” in a very small corner, in a discreet color, which allows you to protect your data. The same goes for pop-ups which ask you to access your geolocation in order to offer a better service.
Finally, be careful when checking boxes when you access a website. If you don’t read carefully, you may end up being harassed by ads because you didn’t uncheck the box to be free from these pop-up notifications. You must therefore be vigilant and ask yourself the right questions before clicking!
What does the regulation in Europe say about dark patterns?
Unfortunately, dark patterns are not illegal, although they are often immoral. There is currently no European legislation governing these practices. However, these manipulative techniques are sometimes contrary to several European directives or regulations relating to competition law, consumer law, data protection or artificial intelligence. There is a real desire on the part of the European Commission to better regulate these practices, as it explains in its “behavioral study on unfair commercial practices in the digital environment”, published on May 16. In particular, it proposes to prohibit the practices most harmful to consumers, to impose on professionals an obligation of design, fair or neutral design and to draw up guidelines and practical examples for companies and designers. Additionally, the Digital Services Act (DSA) and Digital Markets Act (DMA) have been passed in recent months to limit the collection of personal data, the use of behavioral advertising techniques and dark patterns by online platforms and intermediary services. Nevertheless, you can protect yourself from it by applying these few tips and adopting safer browsing habits.
To avoid being tricked by all these manipulation techniques, follow some basic rules, as recommended by the European Consumer Center.
► Don’t be intimidated by urgent messages like “only 3 items left in stock” or “last places available”.
► Always check your basket before confirming a purchase to be sure that no paid option has slipped into it.
► Always read checkboxes and uncheckboxes carefully.
► When a promotion seems too attractive on a site selling only one type of product, check that it is not an item available for a ridiculous price on discount sites. You can search for the image on Google Images or use price comparison sites.
► When a pop-up or a window opens and you cannot find the small cross to close or to go back, do not hesitate to use the Escape or Esc key on your keyboard.
► In any case, don’t forget that there is always a withdrawal period when buying online! Indeed, if the purchase is made on the site of a professional based in Europe, you can change your mind for 14 days after receipt of the goods: this is the famous right to retract, which applies to purchases made online, by mail order, door-to-door canvassing and teleshopping. Consult our practical sheet to find out how to claim it.