How Companies Can Identify and Prevent Unlawful Dark Patterns

With the proliferation of online commerce today, regulators in the United States, Europe and elsewhere are paying more attention to online practices that trick or manipulate consumers into buying products or services they might not otherwise have bought, commonly known as “dark patterns.” Due to the potential harmful effects of dark patterns on consumers, such practices are now prohibited under several global data privacy laws. This article distills practical analysis offered by Fieldfisher attorneys on types of dark patterns, key laws and regulations, and how to identify and prevent these unlawful tactics. See “Scrutiny Over Dark Patterns Presents Further Challenges in Online Contracting” (Jan. 18, 2023).

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