Dark Patterns, Deceptive Design, and the Law

Tene and Polonetsky expounded a Theory of Creepy in 2013. Dr Leiser’s book shows today how well beyond creepy and even overshooting downright sneaky many digital services are by design today. His book lays out in stark terms the real harms, including of financial loss and a dangerous erosion of trust and autonomy, that ensue from the digital manipulation to which we are daily subject. Children and more vulnerable internet users are the most adversely affected.

Dr Leiser’s text is a timely and accessible illumination of the issue of deceptive design in digital services that provides up-to-date and expanded language to describe the range of “dark patterns” phenomena we sometimes can’t see but experience. He carefully illustrates the challenges globally these issues present for enforcement as they cut through and sometimes find gaps in consumer, data protection, privacy and sectoral laws. The book thoughtfully proposes realistic and layered solutions which are all the more urgent given the now turbocharging effects of AI. This book is a very important opportunity to act and change course and to do so right now.

* Helen Dixon - Former Commissioner at the Commission for Communications Regulation (Ireland) and previously Data Protection Commissioner for Ireland *
Dr Mark Leiser’s Dark Patterns, Deceptive Design, and the Law is a masterful examination of one of the most insidious threats in our digital age. With a keen eye for both regulatory nuance and the deeper structural manipulations at play, Leiser moves beyond the surface-level discussion of dark patterns to reveal how deception is embedded not just in user interfaces, but in the very architecture of our digital experiences. This book is an essential resource for scholars, regulators, and anyone concerned with deceptive design and AI. Leiser’s work stands as a compelling call to action, urging us to challenge the AI systems that shape—and too often exploit—our online lives. * Dr Cristiana Santos, Utrecht University, the Netherlands *
Dr Leiser engages clearly and insightfully with the topic of dark patterns. This book is informative and transformative through a multifaceted approach to the subject. It challenges readers to rethink their perspectives and the implications of deceptive design—in the user interface and beneath the surface in the system architecture. * Professor Eleni Kosta, Tilburg University, the Netherlands *
Dark patterns are complex, hidden, and harmful. They are a mix of design, both of user interfaces and platforms, psychology, and exploitation of legal and regulatory gaps. As a result, to understand dark patterns, and how to regulate for them, requires an understanding of how people think, how systems “nudge” and influence us, and what the legal-regulatory framework is. Fortunately, Dr. Mark Leiser brings all these together and this book, which is the culmination of many years researching dark patterns and how to regulate them, is his universal resource for anyone encountering this subject whether it is for the first time or if they are already familiar with the challenges. It should be read by academics, lawyers or anyone interested in the subject, it ought to be read by designers of platforms and interfaces, it must be read by regulators. This book makes a vital contribution to a subject that is unfortunately familiar to us all. * Professor Andrew Murray, London School of Economics, UK *
Professor Mark Leiser is nailing it in his upcoming book. Writing about dark patterns has never been easy, especially given the complex and often inadequate regulatory framework. Age-old sales tactics, now paired with sophisticated algorithms and advanced UX design, make consumers more vulnerable than ever. As companies continually reinvent the wheel with innovative tools, applying traditional legal approaches becomes increasingly challenging. This new book is a must-read for anyone seeking to understand the core issues surrounding dark patterns and how to address them. * Dr Pál Szilágyi, Director of the Competition Law Research Center and Associate Professor of Law and Political Science at Pázmány Péter Catholic University, Hungary *
An incisive and assured account of the ways in which commercial design shapes our choices, and our ability to choose. Required reading for anyone working on autonomy, and the construction of the self in the digital age. * Dr Róisín Á Costello, Trinity College Dublin, Ireland *
If we consider the users of digital goods and services as weaker parties in their relations with the mighty platforms, then the noble task of defending them belongs also to academics and dr. Leiser has the privilege to be the first expert who offers a very accurate examination of both legal aspects and technical details regarding the dark patterns and his book, while pushing further the frontier of scientific knowledge in this delicate, yet important area of consumer world, is also an invitation to his fellow colleagues to continue the search for adequate remedies. * Nathaniel Cornoiu-Jitarasu, Competition inspector at Consiliul Concurentei, Romania *

It sometimes appears as if we are taking it for granted: in our digital lives we are continuously being manipulated by businesses to spend our time and money in ways that serve their interests, often not our own. In his new book “Dark Patterns, Deceptive Design, and the Law” Mark Leiser dissects those practices with surgical precision. Rooted in scientific research, the book shows how dark patterns work and how they are recently being supercharged by the use of AI. It elaborates on the harms caused by dark patterns and on the insidious ways that dark patterns increasingly operate under the surface of our digital landscapes, making most people not only unaware but also defenseless against them. Particularly people who are more vulnerable than most, but also those who think they cannot be fooled.

True to his nature as a legal scholar, Mark skillfully places dark patterns in the current European legal framework, assessing the application of various laws. He concludes with a comprehensive reflection on what is required to make online interfaces fair to people.

This book is a must-read for digital entrepreneurs, UX-designers, legal compliance offers, politicians and policy makers as well as enforcers. It will certainly also enrich those that are interested in understanding how the digital transformation impacts us all and how we need to ensure that the developments continue to serve society as a whole.

* Dries Cuijpers – Coordinator Digital Consumer Protection - Netherlands’ Authority for Consumers and Marke