Privacy laws and regulators are increasingly targeting companies’ use of so-called “dark patterns” on their websites, apps, and online services: i.e., user interfaces that allegedly deceive, steer, or manipulate users into behavior that benefits the company but is contrary to the user’s intentions or best interests.

The phrase “dark patterns” seems to imply a deliberate intent to harm or deceive, and companies may assume that this term would never apply to their own practices if they are merely trying to simplify the user experience and guide the user in making the expected choices. However, what constitutes a “dark pattern” is less about companies’ intentions and more about how design choices—both large and small—may steer consumers’ decision-making. Companies should consider practical ways to design their user interfaces to avoid guiding or nudging users in a manner that may risk running afoul of new legal restrictions on dark patterns.

Growing Legal Restrictions on ‘Dark Patterns’

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]