EU wants to take action against dark patterns and surveillance advertising
The EU Commission has reviewed consumer protection laws and identified loopholes in manipulative designs, targeting and influencer advertising.
The old and new Commission President Ursula von der Leyen launches a law for "digital fairness".
(Image: EU-Kommission)
European consumers do not currently feel that they have "full control over their online activities at all times". This is the conclusion reached by the EU Commission following a review of three of the EU's key consumer protection laws, the results of which were published on Thursday. According to the report, the EU Commission still considers manipulative or addictive designs of online services ("dark patterns") to be problematic. This could unfairly influence consumer decisions by suggesting a false sense of urgency and thus exerting unnecessary pressure on users.
According to the report, service providers also undermine the trust of citizens in the online world with personalized, targeted advertising if it exploits consumers' weaknesses. With the help of targeting and profiling, marketers try to "capitalize on personal problems, financial difficulties or an unstable mental state", the Commission complains. It also sees difficulties in managing or stopping digital subscriptions and problematic forms of advertising by influencers on social media.
7.9 billion euros in damages for EU consumers
The EU directives against unfair commercial practices, unlawful contractual clauses and consumer rights were put to the test. The Commission's conclusion: unfair practices cost consumers "time and money". The total damage in the EU amounts to at least 7.9 billion euros per year. At the same time, the costs for companies to comply with the relevant regulations are significantly lower at 737 million euros per year.
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The Commission therefore wants to act: President Ursula von der Leyen (CDU) has already instructed the Commissioner-designate for Justice, Michael McGrath, to draft a law for digital fairness and thus take action against the documented unethical techniques.
The Federal Association of Consumer Organizations (Verbraucherzentrale Bundesverband, vzbv) is calling for "a comprehensive update for European consumer law". The Computer & Communications Industry Association (CCIA), which represents many big tech companies, warns against "additional bureaucracy". First of all, existing consumer protection laws and regulations such as the Digital Services Act (DSA) should be enforced in a coordinated manner.
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