How regulators are tackling dark patterns? Discussion with Dries Cuijpers.

In early 2023, the European Commission and national consumer protection authorities (the “CPC network”) screened 399 online shops. They only focused on 3 specific types of dark patterns: fake countdown timers; interfaces designed to lead consumers to purchases or subscriptions; and hidden information. Even on such a narrow basis, their investigation showed that 148 sites contained at least one of these three dark patterns. The Dutch Authority for Consumers and Markets (ACM) also conducted a sweep in 2023, during which they automatically detected a specific type of dark pattern: countdown timers. Results showed dozens of infringements, just on this one type of deceptive design.

In today’s episod, Marie Potel speaks with Dries Cuijpers, Senior Enforcement Official and coordinator of the Digital Economy at the Consumer Division of the Netherlands Authority for Consumers and Markets. Dries has 20 years of experience as an enforcement official in numerous economic sectors. He set up ACM’s Behavioural Insights Team and managed the team for the first 5 years, he has worked for the OECD on consumer policy and he is a co-author of ACM’s Guidelines on the Protection of the Online Consumer.

What type of harms are caused by dark patterns, from a regulator point of view? How is the Dutch authority tackling this issue? What’s the future of regulation on deception and manipulation around the world? Let’s talk about it here and now!

To go further :

• ACM confronts online stores using misleading countdown timers with their practices

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