Cecilia Isola
University of Genoa
Fabrizio Esposito
CEDIS – Nova School of Law
This article offers a clear definition of dark patterns and a comprehensive classification thereof using the framework provided by Directive 2005/29 on unfair commercial practices. The analysis builds on a systematic literature review that analyses how dark patterns are defined and the types of dark patterns discussed in 77 articles. Accordingly, we define a dark pattern as design choices that distort user behaviour. Distorting user behaviour is intrinsically harmful. We point out that following elements should not be included in the definition of dark pattern because on multiple occasions they are not considered a necessary element of a type dark pattern: intentionality of the designer; design choice focused on the UI; exploitation of heuristics or cognitive bias. We identify 35 types of dark patterns. All of them can be classified as: misleading omission; misleading action; harassment; undue influence; coercion. This taxonomy is based on legal categories and helps bridging the gap between research and legal practice, thereby increasing the expected social impact of research on dark patterns.
The article can be found here.