PrivacyPod15 Helmi 2023

#32: Light at the end of Dark Patterns

Have you ever felt bad about clicking "decline all" on a cookie consent? Has that button been difficult to find? And if you finally find it, has the website spawned a pop up message trying to tell you how they will go bankrupt and the world will end if you do not accept all? If you answered yes to any of the previous questions, congratulations -- you have been subjected to dark patterns.

In this episode, we venture into the dark side and discuss this issue with Marie Potel-Saville, a very well known figure in the world of legal innovation and the founder and CEO of Amurabi, a legal innovation agency. Before founding Amurabi, Marie has worked at Allen & Overy, Chanel and as a VP for legal at Estee Lauder EMEA.

Almost the whole internet is full of dark patterns trying to nudge you into doing things you actually do not want to do by utilizing your humanity and the fact that you do not use your full brain capacity in every second you browse the wonderful world of the World Wide Web.

But why is this a problem? What harm does this actually cause to individuals, companies, societies and well, democracy? And what about the children (1/3 of the web users are under age)? Is there a better way? What does the GDPR say about dark patterns -- is it really compliant to use dark patterns? What is the solution?

Did we find the light at the end of the tunnel at all? Listen in to find out!

Links:

The Helmet decision by the Finnish Data Protection Ombudsman:

https://tietosuoja.fi/en/-/deputy-data-protection-ombudsman-issues-reprimand-for-conveying-library-search-information-to-us-based-google

European commission: Consumer protection: manipulative online practices found on 148 out of 399 online shops screened

https://ec.europa.eu/commission/presscorner/detail/en/ip_23_418

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