Ensuring Fair Digital Practices: Consent, Whistleblowing, and Dark Patterns

In this edition, we explore pivotal developments shaping the digital landscape, from the EDPB's stance on the 'Pay or Okay' consent model, to the European Commission's new whistleblower tool for the Digital Services Act, and insights into Japanese reactions to dark patterns. Dive into the latest efforts to secure fairness, transparency, and accountability in the online world.

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🤝 The EDPB's Stance on ‘Pay or Okay’ Consent Model: A Call for Fair Data Practices

Do you think your consent to data processing should come with a price tag? Recently, the European Data Protection Board (EDPB) addressed this pressing issue in their opinion on the “Pay or Okay” consent model used by Meta (Instagram and Facebook) in the European Economic Area. The scope of the EDPB's opinion is limited to large online platforms, but its implications are far-reaching. 🚀🔍

The “Pay or Okay” model can also be understood as pay or consent: businesses give you the option to pay for your privacy, or you consent to the company doing what they want with your data.

In an era where data is often viewed as a commodity, the EDPB's stance is a significant reminder of the fundamental right to data protection. They assert that personal data should not be treated as a tradable commodity and emphasize the importance of ensuring that data protection remains accessible to all, not just those who can afford it. The binary choice presented by the 'pay or okay' mechanisms is problematic, as it essentially transforms a fundamental right into a premium feature. 🌐🔐

The EDPB criticized this model and recommended that platforms provide an 'equivalent alternative' to users, such as offering a free account with minimal or no data processing for advertising purposes. They stated that the current 'pay or okay' models could only be valid if platforms demonstrate compliance with all requirements for valid consent. These include ensuring that consent is freely given, without power imbalances, and that users are provided with clear information about data processing activities and consequences. The consent process must also avoid dark patterns and be specific about the purposes of data processing. 🛡️📜

The EDPB concluded, “In most cases, it will not be possible for large online platforms to comply with the requirements for valid consent if they confront users only with a binary choice between consenting to the processing of personal data for behavioral advertising purposes and paying a fee.” This highlights the growing concern over consent fatigue, where users are overwhelmed by constant data processing requests, often masked in complex and confusing interfaces. With each website visited, comes another consent hurdle.

For more details, read the full EDPB opinion here.

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🔐 Securing the Digital Space: The DSA Whistleblower Tool

In a bid to create a safer and fairer online environment, the European Commission has introduced a whistleblower tool under the Digital Services Act (DSA). This tool enables employees and other insiders to report harmful practices by Very Large Online Platforms (VLOPs) and Search Engines (VLOSEs), fostering transparency and accountability in the EU's digital market. 🔍🛡️

The DSA addresses issues like illegal content, hate speech, and disinformation while promoting user rights to challenge content moderation decisions. VLOPs and VLOSEs, defined as platforms with over 45 million users in the EU, are required to assess and mitigate systemic online risks. The whistleblower tool allows for anonymous or attributed submissions in any of the EU's 24 official languages, ensuring secure and encrypted data protection.

Individuals can report various harmful practices, including content moderation, advertising practices, and the protection of children's rights. The DSA whistleblower tool ensures that your data is processed lawfully and with full regard for privacy rights, offering robust anonymity and data protection guarantees. 🌐🔒

For more information, visit the DSA Whistleblower Tool.

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🇯🇵 Japanese Reactions to Dark Patterns: New Insights

Dark patterns in user interfaces - tricking people to do unintended actions - are a global plague. In the first study of its kind, researchers explored how Japanese consumers react to these deceptive designs on a mock shopping website. The study found that certain dark patterns, like Alphabet Soup (content not being presented in the local language) and Misleading Reference Pricing, were the most deceptive and least noticeable, significantly negatively affecting users' moods and actions. 🌐📊

The study, titled "Deceptive, Disruptive, No Big Deal: Japanese People React to Simulated Dark Commercial Patterns," highlighted that while some dark patterns like Social Proofs and Sneaking in Items were less deceptive, others like Untranslation prevented users from canceling their accounts effectively. This research is crucial as it provides empirical data on Japanese consumers' interactions with dark patterns, emphasizing the need for further human participant research and industry collaboration to assess real-world designs.

For a deeper dive into the study, read the full report here.

By addressing these critical issues, we at Fairpatterns take significant steps towards ensuring fairness, transparency, and accountability in the digital landscape. Let's continue to champion ethical practices and protect the rights of all users in this rapidly evolving digital age. 🌍💡

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The highlights of this month!

• Our blog post on Dark Patterns UX: The Dark Side of User Experience: https://www.linkedin.com/feed/update/urn:li:activity:7201160330171887616
• Our blog post on Dark Patterns in Web Design: the Tricks and Why You Say Yes: https://www.linkedin.com/feed/update/urn:li:activity:7193647115393224704
• Our take on key obligations under the AI Act: https://www.linkedin.com/feed/update/urn:li:activity:7199740968193994752
• Our latest podcast episode  "Fair Patterns: Regain Your Free Will Online," with Paavana Kumar, Partner at Davis + Gilbert, and Marie Potel-Saville, Founder of Amurabi & Fair Patterns, engage in a comprehensive discussion about dark patterns and deceptive online practices: https://shows.acast.com/6409c2f789451a0011bb9ddb/episodes/6548e6b35ccbc0001276020a

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