Dark Patterns: how websites manipulate our user behaviour
A product that is slyly added at the end of an online order, a reproachful-sounding message because a discount has been declined – many websites, apps or social media accounts use so-called dark patterns. These are technical ways of influencing users to click, buy or disclose personal data. In this article, we explain how to recognize dark patterns.
How online shops entice consumers to make purchases
Marketing strategies such as ‘dark patterns’ take advantage of human characteristics. They prey on tendencies such as convenience, greed or vanity and entice customers with additional services or ‘free gifts’. Here are a few examples:
Adding other services without making it clear
- At the end of the booking or ordering process, an additional service or product is added that consumers do not actually want. To avoid having to cancel the process and start again, they pay the additional amount, which is usually affordable. Examples: checked baggage for a flight, express shipping when ordering goods, rental fees for bed linen and towels when booking a holiday.
- The shopping basket automatically contains one or more products that must first be deleted if you do not wish to order them.
- A message appears indicating that you only need to spend a little more money to enjoy additional extras. Examples: additional insurance, free products, discount codes.
Misleading and technical strategies
- A supposedly ‘important message’ appears on your screen- but at second glance it is just an advert. Example: ‘your order has been delivered’.
- Imprecise wording can mislead consumers. Negative statements or double negations lead users to understand the opposite and select something that they actually want to deselect. Example: ‘I don’t want to miss any newsletters’.
Dark patterns that pressure the consumer
- Highly visible messages or pop-ups can suggest an increased demand and the supposed necessity to purchase quickly, otherwise the bargain is gone. Examples: ‘only 1 product left at this price available on our site, limited time offer, 5 people are looking at this item right now’.
- A reproachful sounding message appears if the order has been cancelled or a discount or product suggestion has been rejected. Consumers are made to feel ashamed of their decisions after receiving the message. This is known as ‘confirmation shaming’. Examples: ‘That’s a shame!‘ or ‘Your shopping basket feels empty. Do you need some help?’, ‘No thanks, I hate bargains, I’d rather pay full price.’
- Customer reviews or videos by influencers praise the product. These testimonials are strictly positive.
How consumers are tricked into unwanted subscriptions
- A pop-up window advertises a free promotional product and asks you to enter your credit card details. This is usually a hidden, paid subscription with monthly or annual fees charged to the credit card.
- An item is offered at a special price. If you place an order, you are also, unbeknownst to you, signing up for a subscription.
- The shop offers you regular deliveries of a product or similar products, supposedly saving you money. It is unclear whether these products are all needed, and how and when the subscription ends.
How subscriptions have a hold on users
Signing up for subscriptions is often easy, but cancelling them is much more difficult for consumers. Subscription are often automatically renewed. Examples: an online subscription can allegedly only be cancelled by mail, the information on the cancellation process is hidden and customer services refuses to provide clear information. Luckily, clear cancellation information is mandatory in Germany. This is intended to simplify the cancellation of a subscription.
Good to know:
Amazon Prime has been forced by the EU Commission to simplify its cancellation process. In the future, customers will no longer have to click through several pages to cancel the service.
It often makes sense to carry out software updates, for example to improve security or introduce new functions. However, there are often changes that consumers do not want to agree to. Nevertheless, apps and software often state that these updates are ‘unavoidable’ or absolutely ‘necessary’ and it is not possible to dismiss them.
Good to know:
The EU Commission has asked the communication app ‘WhatsApp’ to clarify what changes will be made to the terms of use and privacy policy in order to bring them into line with EU law. Consumers were not able to choose or object to the last update. They were pressured into agreeing to new terms of use and changes to data protection, even though there were very difficult to understand.
7 tips to avoid falling for manipulation techniques
- Check whether an offer is still worthwhile despite the surcharges. Compare prices on different websites
- Do not let yourself be pressured by information such as ‘only 1 item left in stock’ or ‘5 other people are looking at this product’.
- Compare what you need with what is on offer. This will help you avoid over-consumption.
- Check the booking or order again before finalising it. Delete unwanted items/ options/ services.
- Read the checkboxes and options carefully
- Remember that you may have the right of cancellation and therefore 14 days to change your mind.
- Check the cancellation period before you sign up for an online subscription.
Are you falling for the tricks? Take the test on dark patterns ‘whoever agrees, loses’ from the German consumer advice centre (only available in German).
Dark patterns that collect data from users
Caution is advised if a website or social network does any of the following:
- A better service is promised if location tracking is switched on
- Accounts are set by default so that personal data and entries are visible to everyone
- The cookie selection ‘accept all’ is set as the default selection and highlighted
- A pop up window appears and an e-mail address must be entered in order to receive a gift or additional information.
These techniques all have one aim: to elicit consumers’ personal data. This data can be sold and is particularly valuable for targeted marketing. Based on location and user behaviour, it is possible to deduce which advertising could be of interest to which user.
Are dark patterns legal? These legal regulations apply in the EU
Dark patterns operate in a legal grey area: with the introduction of the Digital Services Act (DSA), which has been in force in the EU since February 17th 2024, there is a uniform regulation for online platforms at the EU level. This obliges online platform providers to provide consumers with greater protection and transparency.
This also includes rules for the use of dark patterns. The DSA stipulates that platform operators may not design, organise or operate their online interfaces in such a way that users are deceived or, manipulated into making a freely informed decision. For example, the practice of making it more difficult to cancel a service than to register for it is not permitted.
However, some practices can also be considered as unfair commercial practices (UCP). This is the case if a product advertised as ‘free’ has to be paid for or if attractive prices are advertised for items that are not available.
What does this mean in concrete terms?
Are these manipulative tricks illegal? ‘Dark patterns’ are ultimately a collective term that can encompass many things. With regard to manipulative patterns, it is therefore necessary to examine the individual case to determine whether a particular method or advertising method actually violates the DSA or the UCP.
Report dark patterns
The DSA enables consumers to defend themselves against dark patterns and the like and report them to the competent authority. This is because every EU member state must set up a Digital Services Coordinator (national coordinator for digital services). In Germany, this task is carried out by the Federal Network Agency’s Central Complaints Office to report violations of the DSA. This includes, for example transparency problems with online advertising or misleading or manipulative presentation of a service, i.e. dark patterns. The EU Commission provides an overview of the Digital Service Coordinator on its website.
Funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Innovation Council and Small and Medium-sized Enterprises Executive Agency (EISMEA). Neither the European Union nor the granting authority can be held responsible for them.