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What are Dark Patterns in GDPR Compliance? | Part One
Trending topics
5 mins
Dilyana Simeonova
August 27, 2024
Why Dark Patterns Can Hurt Your Brand’s Reputation and Compliance
Introduction to Dark Patterns
Have you ever felt tricked by a website into clicking a button or signing up for something you didn’t want? If so, you’ve likely encountered a "dark pattern." Dark patterns are deceptive design tactics used on websites, apps, and digital interfaces to manipulate users into taking actions they might not otherwise choose. These patterns exploit cognitive biases to increase engagement, drive sales, or gather user data without informed consent. But what exactly are dark patterns, and why are they a problem for your Shopify store?
While dark patterns may seem like a clever way to boost metrics temporarily, they often backfire in the long run. They can damage user trust, hurt your brand reputation, and even lead to legal trouble. As a Shopify store owner, it's important to understand the risks associated with dark patterns and why avoiding them is in your best interest.
Types of Dark Patterns
Let’s explore some of the most common dark patterns found in e-commerce. Understanding these will help you recognize and avoid them in your Shopify store:
Trick Questions: These are confusing questions designed to trick users into providing unintended information or agreeing to something they didn't mean to. For example, a checkbox with unclear wording that tricks a user into signing up for a newsletter. This can frustrate users who feel deceived and may prompt them to mistrust your site.
Hidden Costs: Users are lured into a purchase by a low initial price, only to discover hidden fees like shipping costs or taxes just before completing the transaction. This tactic can cause cart abandonment and a negative perception of your store.
Forced Continuity: This tactic makes it easy for users to sign up for a free trial but difficult to cancel before being charged for a full subscription. Like requiring a phone call to cancel a service when signing up only required a simple click. This can create frustration and resentment among customers who feel trapped.
Bait and Switch: This occurs when a user intends to take one action but is tricked into doing something else. For example, a "Download" button that actually initiates a different download or opens an unexpected page. Such tactics can create confusion for the users and decrease their willingness to interact with your site.
Roach Motel: Easy to get into, but hard to get out. For instance, it's straightforward to sign up for a service or subscription, but the process to unsubscribe is convoluted or hidden. This pattern can damage user faith and deter them from engaging with your store again.
Privacy Zuckering: Named after Facebook's Mark Zuckerberg, this involves tricking users into sharing more personal information than they intended, often through misleading privacy settings or default options. This can provoke privacy violations and compliance issues under regulations like GDPR.
Impact of Dark Patterns on User Trust and Experience
Dark patterns can significantly harm user trust and experience. When users feel manipulated or tricked, they are less likely to return to a website or app. Negative experiences can lead to poor reviews, reduced customer loyalty, and a decline in customer satisfaction. Moreover, users are more likely to share negative experiences, which is a reason for broader reputational damage.
In the context of e-commerce, expectations are everything. Customers are entrusting you with their personal information, payment details, and loyalty. If they feel deceived by dark patterns, they may hesitate to shop with you again or, worse, spread the word about their negative experience.
Legal Implications and Compliance Issues
Dark patterns aren’t just unethical; they can also be illegal. Many global regulations protect consumers from deceptive practices, including:
General Data Protection Regulation (GDPR): In the European Union, GDPR requires businesses to obtain clear and informed consent for data collection. Dark patterns that trick users into giving consent can violate GDPR. This can result in hefty fines and damage to your reputation.
California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA): In California, these laws require transparency and provide users the right to opt-out of data sales. Dark patterns that obscure these options can produce non-compliance, resulting in potential fines and legal action.
Regulatory bodies like the U.S. Federal Trade Commission (FTC) are cracking down on companies employing deceptive practices. Being caught using dark patterns can make you face significant legal repercussions, including fines, lawsuits, and reputational damage.
Conclusion
Dark patterns might seem like an easy way to boost short-term metrics, but the long-term consequences - legal risks, damaged reputation, and loss of trust- are far more costly. For Shopify store owners, it's important to prioritize user experience and ethical practices. In the next blog post, we will discuss how to avoid dark patterns and make sure your Shopify store remains compliant while delivering a positive user experience. Stay tuned!
About the Author
Dilyana Simeonova
Dilyana is a Marketing Specialist in Consentmo with an academic background in Advertisement and Brand Management. Stumbling into the tech world with this job, she feels like she finally found her calling and is set on bringing the best compliance information to all Consentmo users.
Explore Consentmo's 2024 year in review! From new compliance laws to exciting features and record-breaking BFCM stats, see how we supported Shopify merchants globally.