Fair patterns for online interfaces

Lorentz Center @ Oort, Leiden, The Netherlands

29 January - 2 February 2024

The Workshop on Fair Design Patterns aims to forge a collaborative space where legal, human-computer interaction, and economic experts converge to define ethical and user-friendly interfaces. Against the backdrop of pervasive dark patterns in digital services, the workshop seeks to create a library of fair design patterns, aligning with legal standards such as the Digital Services Act and considering business needs and UI/UX requirements. The objective is to provide practical guidelines for seamless implementation across diverse contexts, fostering a shared transdisciplinary vocabulary to enhance communication among experts in different fields. By cultivating an intersectoral community, the workshop endeavors to spark joint projects and concrete solutions to dark patterns, ultimately promoting a future where digital services prioritize user autonomy, ethical design, and fair competition.

Marie Potel-Saville

How Do Dark Patterns Manipulate Our Mobile Uses? Regulation Proposal for Sustainable and Human-centered Digital.

Dark patterns, deceptive techniques ingrained within interfaces, exert substantial influence, altering users' choices and autonomy online. They're notably effective within mobile applications, particularly mobile gaming, leveraging fast, heuristic decision-making (System 1, Kahneman). Beyond individual impact, these practices raise concerns about broader societal consequences, questioning our collective relationship with technology when misaligned with human interests. This communication aims to outline existing regulatory frameworks governing dark patterns, pinpointing their limitations. Additionally, it seeks sustainable regulatory solutions that account for human cognitive limits. By bridging these gaps, our goal is to establish a regulatory landscape prioritizing user autonomy and ethical use of technology in the digital domain.

Guerra, Giorgia

Redesigning protection for consumer autonomy. The case-study of dark patterns in European Private Law

In the digital landscape, consumer autonomy faces unprecedented challenges due to the pervasive use of dark patterns. These subtle manipulative tactics alter online choice architectures, steering users towards decisions not aligned with their preferences. Traditional information-based approaches fall short in addressing this issue. The book takes a novel approach, merging transparent information and fair digital design. Through a comparative study spanning data protection, consumer, and competition law, they aim to integrate legal rules with ethical design principles. This inclusive methodology considers non-legal insights, creating pragmatic and global regulatory paths to safeguard digital consumer autonomy effectively.

M. Brenncke

A Theory of Exploitation for Consumer Law: Online Choice Architectures, Dark Patterns, and Autonomy Violations

Within the digital landscape, the regulation of exploitative practices targeting consumer behavioral biases poses a critical challenge in EU policymaking. Despite its prevalence in discussions, the concept of exploitation lacks a precise legal definition, especially concerning online choice architectures. This article seeks to rectify this ambiguity by proposing an autonomy-focused theory of exploitation. Departing from traditional welfare analysis, the aim is to align EU consumer law with the preservation of consumer autonomy rather than solely optimizing market efficiency. By establishing clearer parameters for exploitation in online contexts, this framework aims to strengthen regulatory measures in safeguarding consumers within the evolving digital marketplace.

Open issues in dealing with dark patterns and/ or deceptive designs

In this episode of OPENBOX, Marie Potel-Saville, CEO of amurabi and founder of Fair-Patterns, shares insights on tackling deceptive designs. Marie sheds light on key considerations and how fair patterns revolutionize business propositions, aiming for more ethical and transparent practices in the digital sphere. Tune in for a concise yet compelling discussion on this critical issue.

Logan Warberg, Vincent Lefrere, Cristobal Cheyre and Alessandro Acquisti

Trends in Privacy Dialog Design after the GDPR: The Impact of Industry and Government Actions

The research investigates the transformation of privacy dialogs on 911 US and EU news and media websites in the 18 months following the GDPR implementation. The researchers observed a positive trend: an increase in privacy dialogs offering clear choices to accept or reject tracking, accompanied by a decrease in manipulative nudges. This shift suggests that external interventions, such as government guidance, may prompt websites to improve GDPR compliance and make it easier for users to reject tracking.

Mengyi Long, Jiangrong Wu, Qihua Ou and Yuhong Nan

Understanding Dark UI Patterns in the Mobile Ecosystem: A Case Study of Apps in China

In this research, they have delved into the pervasive issue of Dark User Interface (DUI) patterns within mobile apps, particularly focusing on China's mobile ecosystem. The systematic investigation reveals the prevalence of deceptive UI designs that can mislead users into unintended actions. With a taxonomy of DUI patterns and analysis of top mobile apps, they highlight the urgent need for better regulation and user awareness to mitigate potential harm caused by these deceptive practices.

Sandeep Sharma J. and Ishita Sharma Dr.

Dark Patterns in a bright world : An analysis of the IndianConsumer Legal Architecture

Dark patterns in consumer marketing exploit cognitive biases, steering individuals towards decisions that conflict with their genuine preferences. These manipulative tactics, designed by digital platforms, compromise consumers' autonomy for economic gain. This study exposes these covert strategies, advocates for regulatory reforms under the Consumer Protection Act of 2019 in India, and aims to safeguard consumers from the deleterious impact of dark patterns.

Kristian Hannula

Deceptive Designs in UX: Investigating the Impactof Dark Patterns

This research investigates the impact of dark design patterns on user experience within internet and mobile applications. Dark patterns, manipulative strategies employed by system owners, pose risks by coercing users into sharing excessive personal information or engaging in unintended subscriptions. Through a literature review, this study aims to identify prevalent dark patterns, examine their effects on user behavior, and discuss the ethical implications in Human-Computer Interaction (HCI). Despite limitations, this research offers valuable insights into these exploitative tactics and their implications for user experience.

M.R. Leiser

Psychological Patterns and Article 5 of the AI Act Proposal

In today's digital landscape, AI-powered deceptive design strategies subtly manipulate user decisions online, exploiting psychological patterns. The urgency to address these risks has prompted scrutiny under the EU's AI Act Proposal, particularly Article 5(1). This article emphasizes the crucial balance between innovation and safeguarding user autonomy. It delves into the dynamics of psychological manipulation, advocating for effective regulation to counter deceptive practices and maintain user agency amid technological advancements.

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Fair patterns for online interfaces

Lorentz Center @ Oort, Leiden, The Netherlands

29 January - 2 February 2024

Marie Potel-Saville

How Do Dark Patterns Manipulate Our Mobile Uses? Regulation Proposal for Sustainable and Human-centered Digital.

Guerra, Giorgia

Redesigning protection for consumer autonomy. The case-study of dark patterns in European Private Law

M. Brenncke

A Theory of Exploitation for Consumer Law: Online Choice Architectures, Dark Patterns, and Autonomy Violations

Open issues in dealing with dark patterns and/ or deceptive designs

Logan Warberg, Vincent Lefrere, Cristobal Cheyre and Alessandro Acquisti

Trends in Privacy Dialog Design after the GDPR: The Impact of Industry and Government Actions

Mengyi Long, Jiangrong Wu, Qihua Ou and Yuhong Nan

Understanding Dark UI Patterns in the Mobile Ecosystem: A Case Study of Apps in China

Sandeep Sharma J. and Ishita Sharma Dr.

Dark Patterns in a bright world : An analysis of the IndianConsumer Legal Architecture

Kristian Hannula

Deceptive Designs in UX: Investigating the Impactof Dark Patterns

M.R. Leiser

Psychological Patterns and Article 5 of the AI Act Proposal

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