Acm.nl uses cookies to analyze how the website is used, and to improve the user experience. Read more about cookies

This article is part of ‘Guidelines on the protection of the online consumer’. View full guideline

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?

  • Make sure that it is clear to consumers what they click on. So think about using a clear design. This means presenting buttons, choice menus, and click sequences in a logical and neutral manner. Think about using buttons of similar sizes and with similar colors for “Yes” and “No”, for example when asking for confirmation or consent.

  • Make sure that consumers cannot make any unwanted choices when they are relying on habits and routines. So think about using a clear and logical design. Present icons, colors, texts and pictures on the website in a way that is customary.

  • At the end of the ordering process, place a clear button in a logical place, which clearly indicates that the consumer is ordering something, for example by using the text ‘confirm order’ on the button.

  • Do not add any misleading elements to the designs of your website or app. For example, if consumers are nudged in a certain direction because of unclear menus, pictures, icons and colors, such elements may be considered misleading. Is it, as a consequence, possible that consumers will purchase something they would not have purchased otherwise? If so, it is considered a misleading practice. And misleading practices are not allowed.

  • Do not automatically nudge consumers towards a choice that benefits you, for example, by only making the “Yes” button bigger and more noticeable, so that you obtain the consumer’s consent.

  • Do not unexpectedly change click sequences. In ordering processes involving click sequences, consumers often go through such sequences by clicking on instinct. That is because the average consumer expects the order of the click sequence to remain the same. Changing the click sequence may thus be a misleading practice.

Tips

  • Test whether your online choice process is clear to consumers. Do they understand what choices they make, and what the consequences are of those choices?

Examples

Example: A click sequence that changes mid-way

A consumer is browsing gift ideas in an online store. During the ordering process, the consumer gets to see multiple pop-up screens: do you wish to stay informed about similar offers? Do you want to sign up for the newsletter? Can we use your data to personalize our offers? The consumer must always answer “yes” or “no”. Halfway through the click sequence, the “yes” and “no” buttons suddenly switch places. The consumer clicks on “no” several times, but inadvertently clicks on “yes” because the buttons had switched places. As a consequence, the company has obtained the consumer’s consent to a newsletter subscription, although the consumer did not want it. This is not allowed.

Example: X buttons that do not close the windows

A consumer is visiting a website to buy new shoes. During the search process, an ad with an offer suddenly appears. At the top of the ad window, there is a red X, which the consumer thinks is how to close that ad. It turns out that is not the case. If the  onsumer clicks on the X, the ad’s ordering process will appear. That is not allowed.

Example: age verification combined with consent to ads

A social-media app asks its users for consent using pop-up screens. In the pop-up screen, the app asks: “Can you confirm that you are 18 years or over, and that you consent to personalized ads?”. This is a misleading practice. It is not clear to consumers that they both confirm their age as well as give their consent to personalized ads. Consumers are inclined to confirm quickly they are 18 years or over in order to proceed on the website or app. As a result, they tend to miss the second part of the question. The app must ask two different questions: one for age-verification purposes, and the other for consent to personalized ads. Read more information about personalized offers.

Relevant regulations

Clarification of regulations