The rise of sales platforms from outside the EU on the Polish and European markets has been accompanied by an increase in the use of so-called dark patterns—manipulative sales techniques. New EU regulations, including the Digital Services Act (DSA) and rules for the single market of digital services, aim to better protect consumers from these practices. Companies using dark patterns now face significant financial penalties. However, enforcement remains a challenge, especially for foreign platforms that often fall outside the scope of EU regulations.
“This is currently a major challenge for the digital market, as in practice, regulations do not equally apply to all players,” says Teresa Wierzbowska, president of the Union of Private Media Employers.
What Are Dark Patterns?
“Dark patterns involve designing digital interfaces—commonly in online stores but not exclusively—in ways that exploit consumers’ cognitive biases. This manipulation encourages actions such as purchases or subscriptions that the consumer may not have originally intended,” explains Wierzbowska.
Examples of dark patterns include:
- Hidden Costs: Initially low prices that balloon with unexpected fees at checkout.
- Forced Subscriptions: Automatically renewing subscriptions with unclear cancellation processes.
- Deceptive Interfaces: Hard-to-find buttons to close pop-ups or deliberately distracting design elements.
- Price Comparison Obstacles: Techniques that make comparing costs difficult.
- Scarcity Tactics: False claims like “Only one item left!” or “10 people are viewing this now.”
- Nagging: Persistent notifications or interruptions.
- Preselected Options: Automatically selecting expensive or unnecessary options for the user.
These manipulative practices undermine user trust and transparency in digital interactions.
New Regulations and Penalties
Until now, dark patterns were considered unethical but not strictly regulated, leaving consumers with limited recourse. However, changes are underway:
- As of February 17, 2024, the EU’s Digital Services Act is fully enforceable. It specifically targets misleading practices like dark patterns and imposes penalties of up to 6% of global turnover for violations.
- Poland is also amending its Act on Electronic Services to align with the DSA, including fines for companies that design manipulative interfaces.
Despite these measures, enforcing these rules on non-EU platforms remains a challenge. “We have many foreign entities that operate under entirely different regulatory frameworks and communication standards with consumers,” Wierzbowska notes.
Scale of the Problem
Recent reports highlight the widespread use of dark patterns:
- A UOKiK (Polish Office of Competition and Consumer Protection) review found that 75.7% of websites used at least one dark pattern, and 66.8% used two or more.
- A 2023 European Commission report examined 399 online retailers and found that 148 used dark patterns, such as false countdown timers or misleading interface designs.
Industry and Consumer Impact
Dark patterns are often employed to optimize conversions and maximize short-term profits. However, experts warn of long-term consequences, including loss of consumer trust and reputational damage. Major platforms like Booking and Vinted have already faced legal and public backlash for using these practices.
In Poland, UOKiK has imposed fines on companies like Duka, eBilet, born2be.pl, and renee.pl for using manipulative techniques. The office is also developing an AI-powered tool to automatically detect dark patterns in e-commerce platforms, further strengthening enforcement efforts.
The Path Forward
While some European companies prioritize consumer-friendly practices, others—especially foreign platforms—fall outside EU oversight. “It’s crucial that these new standards apply to all entities offering similar services to consumers, regardless of where they are based,” emphasizes Wierzbowska.
The EU and Polish regulators are stepping up efforts to curb manipulative practices, but effective enforcement and global cooperation will be essential to ensure a fair and transparent digital marketplace.
Source: ManagerPlus