Key topics - Osborne Clarke

Dark Patterns

'Dark patterns' is the term used to describe ways of designing online user interfaces so that consumers are manipulated into making certain choices which are not in their best interests.

This could mean, for example, making it difficult for a user to cancel a subscription or pushing them in into sharing personal data by accepting, rather than declining, cookies. Dark patterns have been a growing concern for legislators, regulators and courts in the EU and UK for some time. Although the term is yet to be fully defined legally there are numerous proposals to create additional bands and enforcement sweeps.

Learn more >

Article list

Regulatory Outlook

Advertising and marketing | UK Regulatory Outlook January 2024

Greenwashing | UK Online Advertising Programme | 'Dark patterns'

11/01/2024

Read time 4m

Regulatory Outlook

Data protection | UK Regulatory Outlook November 2023

UK King's Speech announces Data Protection and Digital Information Bill | UK government publishes IDTA and EU SCC Addendum evaluation...

29/11/2023

Read time 6m

Regulatory Outlook

Data protection | UK Regulatory Outlook October 2023

31/10/2023

Read time 3m

Regulatory Outlook

Data protection | UK Regulatory Outlook September 2023

UK – US Data Bridge | ICO and CMA call out harmful online design which encourages consumers to hand over...

27/09/2023

Read time 4m

Retail and Consumer

Polish watchdog continues to verify unfair online practices

Entrepreneurs should invest time in adjusting their websites to current legal requirements - Omnibus Directive's infringements still present

26/09/2023

Read time 2m

Retail and Consumer

Smarter regulation? Department of Business and Trade launches new consultation on core UK consumer law

Consultation includes user reviews and 'dark patterns' such as drip pricing

06/09/2023

Read time 5m

Retail and Consumer

ICO and CMA clamp down on dark patterns in the UK

Regulators publish joint paper on harmful online design practices

04/09/2023

Read time 5m

Competition, antitrust and trade

Significant changes to UK competition and consumer law proposed in Digital Markets, Competition and Consumers Bill

Our video series looks at the impact of the changes on digital services being offered to consumers

28/07/2023

Read time 1m

Dark patterns in Poland

Dark patterns continue to pose dangers in Poland and the EU's e-commerce sector

Consumers should not be subject to deceptive design during online shopping

04/07/2023

Read time 2m

Regulatory and compliance

Dark patterns in the metaverse

How might dark patterns evolve in the metaverse and will they be regulated?

16/05/2023

Read time 1m

Regulatory Outlook

Advertising and marketing | UK Regulatory Outlook April 2023

CAP publishes enforcement notice on digital ads promoting a 'free trial' or other promotional subscription | CMA publishes an open...

27/04/2023

Read time 3m

Dark Patterns

Permanent promotions mislead consumers, says Poland's consumer protection watchdog

Promotions cannot be advertised without time limits as it can create a false impression in consumers and constitute dark pattern

04/04/2023

Read time 3m

Retail and Consumer

Polish consumer watchdog targets e-commerce in the entertainment industry

Companies must pay attention to whether they communicate online with the consumer in a comprehensive manner

22/03/2023

Read time 3m

Regulatory Outlook

Consumer law | UK Regulatory Outlook February 2023

The European Commission publishes results of its investigation into dark patterns | Digital Services Act: guidance on the requirement to...

28/02/2023

Read time 3m

Dark Patterns

Dark patterns and sustainability remain a target for Poland's consumer protection authority

Entrepreneurs in Poland need to be aware that consumer protection probes and proceedings are not slowing down

15/02/2023

Read time 4m

Dark Patterns

European consumer protection watchdogs publish 'dark patterns' statistics

National authorities will take action after two-fifths of almost 400 sites were found to rely on manipulative practices

31/01/2023

Read time 2m

Tech, Media and Comms

A new reality dawns for Polish e-commerce in 2023

Businesses and consumers in Poland will need to adjust to the implementation of three new European regulations

10/01/2023

Read time 4m

Retail and Consumer

Poland's Office of Competition and Consumer Protection investigates 'dark patterns'

Entrepreneurs can be fined up to 10% of their turnover for violating the collective interests of consumers

19/12/2022

Read time 4m

Commercial

CMA launches first investigation as part of its dark patterns focus

Regulator's online choice architecture programme addresses pressure-selling tactic

02/12/2022

Read time 2m

Regulatory and compliance

EU's Digital Service Act to introduce first express ban on 'dark patterns'

Definition of dark patterns sheds light on concerns including exiting subscriptions easily while raising applicability questions

02/08/2022

Read time 4m

Regulatory and compliance

Dark patterns: what are they and how might they be regulated?

Exploring how this area might evolve - and what it means for business

21/02/2022

Read time 1m

View all insights

Regulatory Outlook

Advertising and marketing | UK Regulatory Outlook January 2024

Greenwashing | UK Online Advertising Programme | 'Dark patterns'

11/01/2024

Read time 4m

Regulatory Outlook

Data protection | UK Regulatory Outlook November 2023

UK King's Speech announces Data Protection and Digital Information Bill | UK government publishes IDTA and EU SCC Addendum evaluation...

29/11/2023

Read time 6m

Regulatory Outlook

Data protection | UK Regulatory Outlook October 2023

31/10/2023

Read time 3m

Regulatory Outlook

Data protection | UK Regulatory Outlook September 2023

UK – US Data Bridge | ICO and CMA call out harmful online design which encourages consumers to hand over...

27/09/2023

Read time 4m

Retail and Consumer

Polish watchdog continues to verify unfair online practices

Entrepreneurs should invest time in adjusting their websites to current legal requirements - Omnibus Directive's infringements still present

26/09/2023

Read time 2m

Retail and Consumer

Smarter regulation? Department of Business and Trade launches new consultation on core UK consumer law

Consultation includes user reviews and 'dark patterns' such as drip pricing

06/09/2023

Read time 5m

Retail and Consumer

ICO and CMA clamp down on dark patterns in the UK

Regulators publish joint paper on harmful online design practices

04/09/2023

Read time 5m

Competition, antitrust and trade

Significant changes to UK competition and consumer law proposed in Digital Markets, Competition and Consumers Bill

Our video series looks at the impact of the changes on digital services being offered to consumers

28/07/2023

Read time 1m

Dark patterns in Poland

Dark patterns continue to pose dangers in Poland and the EU's e-commerce sector

Consumers should not be subject to deceptive design during online shopping

04/07/2023

Read time 2m

Regulatory and compliance

Dark patterns in the metaverse

How might dark patterns evolve in the metaverse and will they be regulated?

16/05/2023

Read time 1m

Regulatory Outlook

Advertising and marketing | UK Regulatory Outlook April 2023

CAP publishes enforcement notice on digital ads promoting a 'free trial' or other promotional subscription | CMA publishes an open...

27/04/2023

Read time 3m

Dark Patterns

Permanent promotions mislead consumers, says Poland's consumer protection watchdog

Promotions cannot be advertised without time limits as it can create a false impression in consumers and constitute dark pattern

04/04/2023

Read time 3m

Retail and Consumer

Polish consumer watchdog targets e-commerce in the entertainment industry

Companies must pay attention to whether they communicate online with the consumer in a comprehensive manner

22/03/2023

Read time 3m

Regulatory Outlook

Consumer law | UK Regulatory Outlook February 2023

The European Commission publishes results of its investigation into dark patterns | Digital Services Act: guidance on the requirement to...

28/02/2023

Read time 3m

Dark Patterns

Dark patterns and sustainability remain a target for Poland's consumer protection authority

Entrepreneurs in Poland need to be aware that consumer protection probes and proceedings are not slowing down

15/02/2023

Read time 4m

Dark Patterns

European consumer protection watchdogs publish 'dark patterns' statistics

National authorities will take action after two-fifths of almost 400 sites were found to rely on manipulative practices

31/01/2023

Read time 2m

Tech, Media and Comms

A new reality dawns for Polish e-commerce in 2023

Businesses and consumers in Poland will need to adjust to the implementation of three new European regulations

10/01/2023

Read time 4m

Retail and Consumer

Poland's Office of Competition and Consumer Protection investigates 'dark patterns'

Entrepreneurs can be fined up to 10% of their turnover for violating the collective interests of consumers

19/12/2022

Read time 4m

Commercial

CMA launches first investigation as part of its dark patterns focus

Regulator's online choice architecture programme addresses pressure-selling tactic

02/12/2022

Read time 2m

Regulatory and compliance

EU's Digital Service Act to introduce first express ban on 'dark patterns'

Definition of dark patterns sheds light on concerns including exiting subscriptions easily while raising applicability questions

02/08/2022

Read time 4m

Regulatory and compliance

Dark patterns: what are they and how might they be regulated?

Exploring how this area might evolve - and what it means for business

21/02/2022

Read time 1m

View all insights

Nick Johnson

Partner, International Head of Tech, Media & Comms, UK

+44 20 7105 7080 Email Nick Full biog

Leonie Schneider

Senior Associate, Germany

+49 221 5108 4160 Email Leonie Full biog

Robert Briske

Partner, Specialist lawyer for intellectual property, Germany

+49 30 72621 8164 Email Robert Full biog

Konstantin Ewald

Partner, Head of Tech, Media and Comms, Germany

+49 221 5108 4160 Email Konstantin Full biog

Dr Flemming Moos

Partner, Specialist lawyer for IT law, Germany

+49 40 55436 4054 Email Flemming Full biog

Gemma Nash

Associate Director, UK

+44 117 917 3962 Email Gemma Full biog

Joanne Zaaijer

Partner, Lawyer, The Netherlands

+31 207 02 86 22 Email Joanne Full biog

Grégoire Dumas

Counsel, France

+33 1 84 82 45 48 Email Grégoire Full biog

Margo Cornette

Associate, Belgium

+32 2 515 93 90 Email Margo Full biog

Belgium

China

France

Germany

India

Italy

Poland

Singapore

Spain

Sweden

The Netherlands

UK

USA

Insights

Dark Patterns

Article list

Connect with one of our experts

Sign up for our newsletter

Legal Notice