Most well-known marketplaces and social media platforms are using dark patterns. These are designs that manipulate consumers into making impulsive purchases, or into revealing more data. Using these patterns is banned under the DSA. Stricter regulations seem necessary, say researchers.
The German Federal Association of Consumer Organizations (vzbz) looked into 18 social media platforms and online marketplaces. These were: AliExpress, Amazon, eBay, Facebook, Instagram, Kaufland, LinkedIn, Mediamarkt, Otto, Pinterest, Shein, Snapchat, Temu, TikTok, X, Wish, YouTube and Zalando.
Prohibited under the DSA
Under the Digital Services Act (DSA), it is prohibited for platforms to use designs that can impair or hinder consumers’ ability to make free and informed decisions. Think for example of cookie banners that do not comply with EU laws, or designs that make users spend more money. According to vzbz, all selected platforms are using designs like these.
The vzbz also mentioned mechanisms such as autoplay, or the use of gamification and gambling elements on these platforms. According to them, these mechanisms encourage addictive behaviors. The European Commission already started proceedings against Temu last year, as it was investigating addictive designs of the platform.
‘Responsible authorities must enforce existing regulations’
“Despite the comprehensive ban in the Digital Services Act, platform providers continue to use manipulative and harmful designs in their apps. Some of these designs have been prevented in recent years, for example through the vzbv warnings against Temu and Shein. Companies that have used inadmissible cookie banners have also been warned again and again. But that alone is not enough. The responsible authorities must now consistently enforce existing regulations. Otherwise, the Digital Services Act will remain a toothless tiger – to the detriment of consumers”, said Jutta Gurkmann, Head of Consumer Policy at vzbv.
‘Clear rules needed’
“We need clear rules for digital fairness and against harmful design practices on the Internet – and this also applies to general consumer law. Manipulation does not only occur on platforms, but also on other online offerings such as retailer websites or apps. The European Commission must use the upcoming Digital Fairness Act to ensure real fairness on the Internet.”
