News and Research articles on Data protection law

The emergence of dark patterns as a legal concept in case law

Cristiana Santos, University of Utrecht
Arianna Rossi, Sant'Anna School of Advanced Studies

PUBLISHED ON: 31 Jul 2023

On the 23 February 2023, the Italian Data Protection Authority (DPA) issued a decision against Ediscom S.p.A. (Garante per la Protezione dei Dati Personali, 2023) explicitly referring to “dark patterns”, i.e. online design choices that manipulate users’ decision-making to benefit digital services.

Online stores can offer each customer a different price. This study analyses why most people find such online price discrimination unfair and unacceptable, and why they think it should be banned.