“Dark patterns?” EDPB draft guidance sets out its expectations on subliminal privacy eroding practices
May 25, 2022
The EDPB has published draft guidance on “dark patterns” in social media (the Guidelines) for consultation. The Guidelines consider in detail common social media interfaces that present the content of privacy policies and collect consent in ways which substantively violate the GDPR requirements, while still pretending to formally comply with them (these methods now termed “dark patterns”) and explain how the GDPR applies in this context. The best practice recommendations provided by the EDPB in these draft Guidelines, although directed at social media platform operators, could be applied to other online service providers and so are of general relevance.