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On 14 March 2022, the European Data Protection Board (EDPB) released guidelines titled Dark Patterns in Social Media Platform Interfaces: How to recognize and avoid them. These Guidelines provided best practice recommendations to designers and social media platform providers on how they can assess and avoid dark / deceptive patterns in social media interfaces that violate the requirements of the GDPR. Subsequently, the EDPB adopted version 2.0 of these Guidelines on 14 February 2023, titled Deceptive design patterns in social media platform interfaces: how to recognise and avoid them.
Deceptive patterns are interfaces and user experiences that lead social media users into making unwilling and potentially harmful choices, which are often geared towards the benefit of a social media platform and the detriment of the user, in relation to the processing of their personal data. Deceptive patterns aim to hinder users’ ability to make a conscious choice with respect to their personal data and ultimately take away users’ control for the protection of their personal data.
The EPDB has recognized six major categories of deceptive patterns
Users are provided with too much information to push them to provide more personal data than necessary. Here, users are pushed to provide unnecessary data by being repeatedly asked about it.
Examples:
Deceptive designs that distract users from worrying about the protection of their personal data. Here, the most invasive features and options are already enabled by default.
Examples:
Wordings or visuals that are presented in a way that influences users’ emotional state to lead them to act against their data protection interests. This deceptive pattern has a higher impact on children and other vulnerable categories of data subjects. For example, users are more likely to overlook or have difficulty reading small font sizes or text written in colors that do not contrast sufficiently.
Examples:
Providing misleading information to users to either push them to provide unnecessary personal data or influence their decision by holding them up and questioning their initial choices.
Examples:
Unclear designs that make it hard for the user to navigate the different data protection control tools or understand the purpose of the processing.
Examples:
Interfaces that hide information or data protection tools or leave users unsure of how their data is processed and what controls they have regarding the exercise of their rights.
Examples:
As per the Guidelines, social media platform providers and designers should avoid the use of any deceptive patterns and ensure to provide a clear choice to users with respect to their personal data. The Guidelines further recommend that all data protection principles under the GDPR should be complied with during the design of user interfaces of online applications.
Some of the best practices recommendations as per the Guidelines are:
Ask for a demo today to understand how Securiti can help you achieve compliance with the provisions of the GDPR. In today’s digital world, it is important for organizations to implement privacy-compliant user interfaces and website designs and obtain consent as per the applicable legal requirements. Securiti’s Consent Management Solution enables you to design consent banners as per the applicable geographical requirements and avoid the use of deceptive patterns that can manipulate a user’s choice.
Maria Khan is a IAPP Certified Information Privacy Professional (CIPP/Europe) and a Certified Information Privacy Manager (CIPM). She earned her LL.M from the University of Michigan Law School, where she received the Michigan Grotius Fellowship, a fully-funded award. Additionally, Maria holds a B.A-LL.B (Hons.) from Pakistan.
Passionate about data privacy, AI governance, and business and human rights, Maria facilitates organizations in evaluating data privacy compliance risks and offers privacy-compliant solutions. She plays a key role in supporting regulatory intelligence within products/software and aiding organizations in meeting compliance efforts. Maria possesses a substantial understanding of global data privacy obligations, particularly in relation to AI governance, consent management, user transparency, digital marketing, cross-border data transfers, and AI risk assessments.
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