Welcome to the Fair Patterns Podcast and Blog

This newsletter explores the growing prevalence of deepfakes and their impact on society, highlighting findings from an Ofcom report that shows a significant increase in encounters with deepfakes among both adults and children. It addresses the challenges these digital deceptions pose, such as eroding trust and spreading misinformation, while offering potential strategies for mitigation, including improved detection methods and regulations. Insights from Dr. Celia Hodent emphasize the psychological risks associated with deepfakes and discuss ethical ways to navigate their use. The newsletter calls for a collective effort to maintain authenticity and integrity in the digital age.

Dark patterns are deceptive design practices used in digital environments like social media, gaming, e-commerce, and advertising to manipulate user behavior for business gains, often at the expense of user autonomy and trust. These tactics, such as infinite scroll, manipulative notifications, hidden fees, and difficult cancellation processes, exploit cognitive biases to influence users' decisions without their full awareness. Companies like FairPatterns advocate for ethical design by helping businesses create transparent, user-friendly experiences that respect user choices and build long-term trust. By understanding and addressing these dark patterns, businesses can foster a more ethical digital landscape that benefits both users and companies.

The EU's Digital Services Act (DSA), in effect since August 2023, aims to create a safer, more transparent online environment by regulating digital platforms like social media and marketplaces. It prohibits dark patterns, requires platforms to remove illegal content, and mandates transparency in data use and algorithms. The DSA has prompted legal actions against platforms like X and Shein for non-compliance. This new regulation seeks to protect user rights and encourage ethical practices, reshaping the digital landscape in Europe.

In the ever-evolving digital landscape, the need for robust regulations to protect users and maintain a fair online environment has never been more pressing. The European Digital Services Act (DSA) is a groundbreaking piece of legislation aimed at addressing these concerns.

In today's digital landscape, creating user-centric design and content is more important than ever. With the rapid evolution of technology and the increasing expectations of users, businesses must prioritize their needs and preferences to stay competitive.

The Davis+Gilbert and Fair Patterns webinar, led by Pavaana Kumar and Marie Potel, examined AI-driven "dark patterns," deceptive designs that manipulate consumers. The discussion covered U.S. and EU regulations, including the FTC’s actions and the EU’s AI Act, which targets manipulative AI systems. The webinar emphasized ethical AI design through empathy, clear user prompts, and continuous monitoring to foster transparency and trust.

This edition highlights the global issue of dark patterns in online design. Reports reveal widespread deceptive practices impacting privacy and finances, with major companies like Meta, Google, and Amazon facing legal actions. We emphasize the importance of consumer awareness and stronger regulations to combat these unethical tactics. Stay informed and join the fight for ethical design!

In this episode of "Fair Patterns: Regain Your Freedom Online," we are joined by Claire Quinn, Chief Privacy Officer at Privo and former Chief of Safety at WeWorld.

In this edition, we highlight key developments shaping the digital landscape, including the FTC's landmark ruling against Amazon for deceptive Prime subscription practices, which could set a new standard for accountability. We continue our series on AI transparency, emphasizing the need for clear, ethical AI systems to build public trust. Additionally, we delve into the growing issue of digital slavery, where manipulative design and data exploitation threaten user autonomy, underscoring the urgent need for stronger regulations and digital literacy to protect consumers in the online world.

In the latest ‘Top of the Agenda’ podcast, Dr. Helen Jenkins, Marie Potel-Saville, and Dr. Anastasia Shchepetova discuss how deceptive online patterns exploit user biases and ways to create fairer digital choices.

In today's digital age, the importance of ethical design cannot be overstated.

In the realm of digital interfaces, user experience (UX) and user interface (UI) design are paramount.

In this edition, we explore pivotal developments shaping the digital landscape, from the EDPB's critique of the 'Pay or Okay' consent model used by Meta, to the European Commission's new whistleblower tool under the Digital Services Act, and new insights into Japanese reactions to dark patterns. These efforts highlight the ongoing global push for fairness, transparency, and accountability online, emphasizing the need for ethical digital practices that protect user rights in an increasingly complex digital world. Dive in to learn more about these crucial developments and how they impact the future of digital interactions.

As a digital marketer, legal director, or head of UX, you understand the importance of obtaining user consent for data collection and processing.

In the ever-evolving world of digital interfaces and online experiences, the term "user experience" (UX) is often synonymous with positive, intuitive, and user-friendly design.

In today's rapidly evolving digital landscape, the intersection of law and technology presents both challenges and opportunities for innovation.

In the digital world, web design plays a crucial role in user experience (UX), guiding users through web interactions in a way that should be intuitive and enriching.

In this edition, we explore the growing impact of neurotechnology on privacy. The Neurorights Foundation's latest report reveals how consumer neurotechnology companies are exploiting sensitive neural data. Colorado is leading the way with new laws to protect this data, while global efforts, including the OECD's Neurotechnology Toolkit and UNESCO's work on ethical standards, aim to safeguard cognitive autonomy and mental privacy. As we face these challenges, it’s crucial to champion ethical practices that preserve individual dignity in the age of neurotechnology.

In this episode of "Fair Patterns: Regain Your Free Will Online," 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.

Regulatory enforcement has ramped up with the EU’s AI Act and Digital Services Act (DSA) now in effect, but the fight against dark patterns isn't just for regulators—it's a collective effort. Collaboration among academics, businesses, and consumers is crucial in creating a fair and transparent digital landscape. Ethical design not only aligns with user rights but is also profitable in the long term. Empowering consumers through education and legal support is key to fostering a balanced online environment. At Fairpatterns, we urge everyone to join us in advocating for integrity and fairness in digital design.

We discuss dark patterns issues with Harry Brignull, who coined the term "dark pattern" and has been exposing deceptive user interfaces since 2010.

It might seem odd to link pigeons, dating apps, and addiction, but they all relate to manipulation. A recent lawsuit against Match Group claims apps like Tinder are designed to exploit users' compulsive behaviors, much like gambling platforms. The swiping mechanism, inspired by B.F. Skinner’s pigeon experiments, keeps users hooked with random rewards. Despite this, there's potential for ethical innovation, as seen with Bumble’s Deception Detector™. As we track this lawsuit, we continue to advocate for fairer, safer digital experiences. Did you know pigeons mate for life? There's something to learn from them.

In this episode we interview Cindy Cohn, the Executive Director of the Electronic Frontier Foundation (EFF) and a towering figure in the battle for privacy and civil liberties.

Our founder, Marie, has been selected to be part of the European Data Protection Board’s Support Pool of Experts (“SPE”) in the field of dark patterns.

The first quarter of 2024 sees the DSA and DMA take effect alongside a surge in AI-driven interfaces. As regulators and companies adapt, the focus is on whether these changes will promote fairness or enable new deceptive practices. Meta and Google have introduced service unlinking options, but accessing them remains challenging. The EU is also expanding its DSA enforcement team, emphasizing the need to combat dark patterns. With new AI devices hitting the market, privacy and security concerns grow. At Fairpatterns, we're actively working on solutions to address these issues.

As 2023 ends, the rise of AI has intensified concerns about dark patterns, with AI potentially replicating and creating new manipulative designs. Significant regulatory progress, such as the EU's AI Act and global actions against dark patterns, highlights the need for transparency, informed consent, and robust reporting mechanisms. At Fairpatterns, we're using AI to enhance our fight against deceptive interfaces. This year has also seen a crackdown on junk fees, the DMA’s gatekeeper designations, and India's new regulations targeting dark patterns. Looking ahead, building a trust-based digital economy is more crucial than ever.

In this episode, we interview Dries Cuijpers, a senior enforcement official at the Dutch Authority for Consumers and Markets, who shares insights on the prevalence and harms of dark patterns in e-commerce, emphasizing the importance of fairness and transparency in digital consumer interactions.

Marie Potel speaks with Colin Gray, Associate Professor at the Luddy School of Informatics, Computing and Engineering at Indiana University Bloomington and Director of the human-computer interaction design program.

In this episode, we dive into the economics behind dark patterns with Marie Potel and her guests, Anastasia Shchepetova and Lirio Barros, both consultants in economics and finance at Oxera.

In this episode, we interview Raashee Gupta Erry, a marketing, advertising, and consumer privacy expert with significant experience at the Federal Trade Commission, where she focused on deceptive and dark patterns.

This term was coined in 2010 to describe “tricks used in websites and apps that make you do things that you didn’t mean to, like buying or signing up for something”.

Marie Potel welcomes Gabriel Voisin and Alexandre Vuchot, partners at Bird & Bird specializing respectively in data protection, cyber security & privacy, and consumer law.

We built the Fair Patterns platform to stop Dark Patterns from undermine user autonomy online.

Marie Potel welcomes Arianna Rossi to talk about the criteria based on which dark patterns can be identified.

In this very first episode, Marie Potel and her guest, Celia Hodent, psychologist specialized in UX games, independent consultant as a game UX strategist, and founder of GDC UX summit talk about the detrimental impacts of dark patterns on user experience and why companies should care about it in a long run strategy.