Dark patterns: The case for regulatory pluralism between the European Unions consumer and data protection regimes

April 4, 2023
M.R. Leiser (Mark)

This paper discusses the regulation of "dark patterns" using two European Union legal frameworks, highlighting that the General Data Protection Regulation (GDPR) offers potential through data-protection-by-design but struggles due to unclear fairness definitions. It suggests that a pluralistic approach combining the strengths of GDPR and the EU's consumer protection acquis would be more effective in addressing manipulative design techniques.

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