Dark patterns: The case for regulatory pluralism between the European Unions consumer and data protection regimes
April 4, 2023
M.R. Leiser (Mark)
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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.