Dark patterns: Ministry of Consumer Protection sees urgent need for action
Many platforms continue to use manipulative designs, which should contradict the DSA. The German government has stated that the EU Commission must intervene.
(Image: Monkey Business Images/Shutterstock.com)
Federal Consumer Protection Minister Steffi Lemke (Greens) is appealing to the EU Commission to take tougher action against manipulative or addictive designs ("dark patterns"). The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMUV) is "advocating consistent enforcement of the Digital Services Act (DSA) " so that EU citizens "and children in particular are effectively protected from manipulative designs on online marketplaces and social networks", a BMUV spokesperson told heise online. Design practices that "exploit weaknesses, promote addictive behavior or contain gambling elements" are of particular concern.
"Exhaust all powers"
"Urgent action is required here, as such design practices lead to considerable consumer harm", says the BMUV. "The EU Commission should use all its powers under the DSA against the very large online platforms and also impose fines." Lemke and her team are also campaigning for this with the EU Commission, the spokesperson emphasized.
However, it is also important "that enforcing authorities, associations and companies know what is considered an unlawful dark pattern", the ministry continued. The BMUV is therefore campaigning for the Commission to "promptly issue the guidelines provided for in the DSA with a high level of consumer protection in order to achieve the most uniform treatment and interpretation of dark patterns possible".
The BMUV considers further measures to be necessary in order to effectively protect consumers. Gaps in protection for dark patterns and influencer advertising already identified by the Commission "should be closed as quickly as possible", demands Lemke's spokesperson. The announced Digital Fairness Act must provide users with "comprehensive protection against manipulation and harmful design practices".
Manipulative elements
The minister is responding to an investigation by the German Federation of Consumer Organizations (vzbv), according to which large operators of online marketplaces and social networks are still using dark patterns on a large scale. AliExpress, Amazon, eBay, Facebook, Instagram, Kaufland, LinkedIn, MediaMarkt, Otto, Shein, Snapchat, Temu, TikTok, X, Wish, YouTube and Zalando were named.
They use methods such as push notifications, autoplay, infinite scrolling or gamification with gambling-like features. The fear of missing something is also exploited rigorously. Potentially exploitative elements such as "addictive design" or "hyper-engaging dark patterns" (HEDP), which are prohibited in the EU, are used. In extreme cases, users received hourly messages with promises of discounts or time-limited offers, often with countdowns. In some cases, they were constantly bombarded with a large number of such HEDPs.
The experts alsocame across blurred boundaries among all 18 operators. For example, marketplaces are now also using techniques that were originally associated more with social networks. The vzbv has already obtained cease-and-desist declarations from Temu and Shein, but fears a hare-and-hedgehog race.
Federal Network Agency still has to deliver
Article 25 of the Digital Services Act (DSA) prohibits designs that could lead to consumers being significantly impaired or hindered in their ability to make a free and informed decision. The EU Commission and the Federal Network Agency as Digital Services Coordinator (DSC) must implement the requirements "consistently and sustainably".
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The Federal Network Agency was vague. As a rule, the DSC "does not actively search the internet for violations of the DSA", explained a spokesperson. However, the coordinator accepts " complaints from users about suspected violations at any time ". If the responsibility for the reported platforms lies with other national DSCs or the Commission, "the complaints received will be forwarded there".
Otherwise, the regulator only refers to a close exchange with the Federal Environment Agency (UBA), which monitors the business practices of online marketplaces as a consumer protection authority. Together with European colleagues, the UBA called on Temu in November to put an end to misleading business practices. The Chinese company was willing to cooperate.
(mack)
