Preventing misleading practices in unconscious clicking behavior
Much of consumer behavior takes place unconsciously. For example, consumers click on the most striking button on a website or in an app. It is important that consumers are able to have confidence in online environments. You cannot mislead consumers by having them unconsciously make an unwanted choice. Therefore, keep that in mind when designing your website or app, especially with buttons and choice menus.
With the knowledge that consumers often make unconscious decisions online, you can also help consumers, for example by designing websites or apps in such a way that consumers can go through the ordering process with ease. Prevent situations where you nudge consumers towards a choice they do not approve of or that is not in their interest.
That is why it is good if you constantly check what techniques you use for influencing the choices of consumers. In that context, it is good if you test how those techniques influence consumers. The more different techniques you combine, the likelier it becomes that you use unfair commercial practices. Unfair commercial practices are prohibited.
What is required and what is not allowed?
Tips
Examples
Relevant regulations
- Title 3, section 3A of the Dutch Civil Code, Book 6 (Unfair commercial practices) (in Dutch), see Sections 6:193a through 6:193j of the Dutch Civil Code.
- Sections 6:193a through 6:193j of the Dutch Civil Code. * Directive 2005/29/EC (Unfair Commercial Practices Directive)
- Regulation (EU) 2022/2065 (Digital Services Act)
Clarification of regulations
More information: links and footnotes
- European Commission, Directorate-General for Justice and Consumers, Lupiáñez-Villanueva, F., Boluda, A., Bogliacino, F., et al., Behavioural study on unfair commercial practices in the digital environment : dark patterns and manipulative personalisation : final report, Publications Office of the European Union, 2022.
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BEUC, “Dark patterns” and the EU consumer law acquis - Recommendations for better enforcement and reform, see beuc-x-2022-013_dark_patters_paper.pdf