Lene Pettersen and Faltin Karlsen

Dark Design Patterns and Gamification as the Heart of Dating Applications’ Business Models

The study conducted in 2022 delved into the intricate business models of dating applications against the backdrop of escalating numbers of involuntary singles. Through a meticulous blend of 22 in-depth interviews, systematic app analyses, and diary studies centered on Norwegian users, the research aimed to untangle the paradoxical dynamics inherent in these platforms. By amalgamating user insights with platform functionalities, the study sought to offer a nuanced portrayal of an industry situated at the crossroads of technology and human connections.

Fleur Jongepier and Michael Klenk

The Philosophy of Online Manipulation

This volume delves into the nuanced debates surrounding online manipulation, investigating its conceptual nature and methodological definitions. It examines how online manipulation may threaten autonomy, freedom, and existential meaning, and explores the epistemic, affective, and political harms it poses. Additionally, the volume considers legal and regulatory perspectives on online manipulation, providing valuable insights for researchers and students in moral philosophy, digital ethics, and the ethics of manipulation.

Pusztahelyi Réka

Dark Patterns in Online Platforms: Illegal Methods for Retrieving Personal Data and the Possible Remedies

This study aims to investigate whether EU legislation is effectively addressing the rise of dark patterns on online platforms. Dark patterns, deceptive design tactics used to collect personal data for commercial purposes, are increasingly prevalent. While platform operators seek extensive personal data for targeted marketing, concerns arise regarding potential abuses, both minor and major, in the pursuit of this data.

Caroline Stockman and Emma Nottingham

Dark Patterns of Cuteness: Popular Learning App Design as a Risk to Children’s Autonomy

Cute design features, like avatars with large eyes and childlike voices, have become ubiquitous in digital software. Their ability to evoke feelings of endearment and trust is harnessed across applications for both adults and children. However, while effective, their use in children's learning apps can raise concerns about privacy and healthy development.

Christof van Nimwegen

Evil design in the Dark Patterns tunnel: where we came from and where we are (heading) now.

Dark Patterns, pervasive in online interfaces, exert subtle yet powerful influences on user behavior, often leading to unintended actions. This paper, stemming from research at Utrecht University, sheds light on various dimensions of Dark Patterns. The exploration includes topics such as device context, novel metrics like the DPDS and SDS, and the identification of Muscle Memory as a significant factor. By offering these insights, the aim is to enhance awareness and empower users in navigating digital environments responsibly.

Jan Trzaskowski

Manipulation by design

The term "dark patterns" has emerged as a crucial framework for dissecting deceptive design practices in online interfaces. Yet, distinguishing lawful persuasion from unlawful manipulation requires a deeper dive into agency, self-determination, and regulatory interpretation. This article delves into the intersection of design, persuasion, and law, shedding light on the complexities inherent in shaping user behavior while adhering to EU data protection and marketing regulations.

USA - State

California Privacy Rights Act (CPRA)

The California Privacy Rights Act (CPRA) will now be enforced immediately, rather than waiting until March 29, 2024. The CPRA prohibits dark patterns, especially for consent, and any behavior that substantially subverting or impairing user autonomy, decisionmaking, or choice. Businesses need to comply with existing regulations associated with the California Consumer Privacy Act (CCPA). The CCPA applies to businesses with a gross annual revenue over $25 million, those buying, selling, or sharing personal information of 100,000 or more California residents, or those deriving 50% or more of their annual revenue from selling California residents' personal information.

USA - Federal

Match Group sued for addicting users for profit

Match Group, the parent company of dating apps Tinder, Hinge, and the League, is currently involved in a lawsuit. The lawsuit alleges that these apps are designed with the intention of addicting users and encouraging them to make payments for continued use. According to the suit, Match Group employs gamification techniques to keep users engaged and spending money, ultimately prioritizing corporate profits over users' relationship goals. The plaintiffs are seeking class action status for violations of consumer protection, false advertising, and defective design laws.

EU

EU Commission DSA proceedings against TikTok

The European Commission has initiated formal proceedings against TikTok to assess potential breaches of the Digital Services Act (DSA). The investigation focuses on areas such as the protection of minors, advertising transparency, data access for researchers, and risk management of addictive design and harmful content. Specifically, TikTok's compliance with DSA obligations related to the assessment and mitigation of negative effects from its system design, including algorithmic systems that may stimulate behavioral addictions, is being examined. The investigation also includes an evaluation of TikTok's age verification tools and their effectiveness in preventing access by minors to inappropriate content. Additionally, the Commission is assessing whether TikTok has implemented appropriate measures to ensure privacy, safety, and security for minors, particularly in relation to default privacy settings.

Germany

Meta in Germany – paid ad-free button case

In a recent case, the Düsseldorf Higher Regional Court made a significant ruling against Meta Platforms Ireland. The court found that Meta's use of unclear order buttons in their paid ad-free service on Facebook and Instagram violated consumer protection laws. The court emphasized that companies have a legal obligation to label order buttons with clear wording that indicates an obligation to pay. This ruling serves as a reminder to companies of the importance of providing transparent and informative ordering processes to protect consumers. Adhering to consumer protection regulations is crucial, particularly in the context of online transactions, to ensure a fair and transparent marketplace.

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Lene Pettersen and Faltin Karlsen

Dark Design Patterns and Gamification as the Heart of Dating Applications’ Business Models

Fleur Jongepier and Michael Klenk

The Philosophy of Online Manipulation

Pusztahelyi Réka

Dark Patterns in Online Platforms: Illegal Methods for Retrieving Personal Data and the Possible Remedies

Caroline Stockman and Emma Nottingham

Dark Patterns of Cuteness: Popular Learning App Design as a Risk to Children’s Autonomy

Christof van Nimwegen

Evil design in the Dark Patterns tunnel: where we came from and where we are (heading) now.

Jan Trzaskowski

Manipulation by design

USA - State

California Privacy Rights Act (CPRA)

USA - Federal

Match Group sued for addicting users for profit

EU

EU Commission DSA proceedings against TikTok

Germany

Meta in Germany – paid ad-free button case

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