Fairpatterns

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⚖️ 𝐋𝐞𝐠𝐚𝐥 𝐔𝐩𝐝𝐚𝐭𝐞𝐬 Good morning and welcome to this week's #fairmonday! Your weekly dose of fairness for the digital world! Let’s dive in ⤵️ 👏 𝐄𝐔 𝐑𝐞𝐠𝐮𝐥𝐚𝐭𝐨𝐫𝐬 𝐃𝐞𝐦𝐚𝐧𝐝 𝐀𝐜𝐭𝐢𝐨𝐧 𝐟𝐫𝐨𝐦 𝐓𝐞𝐦𝐮 On November 8, 2024, the Consumer Protection Cooperation (CPC) Network, along with the European Commission, notified e-commerce platform #Temu of multiple alleged violations of EU consumer law (https://lnkd.in/dEcGuXT9). The platform faces accusations of fake discounts, pressure selling, forced gamification, misleading refund information, fake reviews, and unclear seller identities. Temu must submit a corrective plan within a month or face potential fines based on its EU turnover. 👀 𝐀𝐮𝐬𝐭𝐫𝐚𝐥𝐢𝐚 𝐁𝐚𝐧𝐬 𝐔𝐧𝐟𝐚𝐢𝐫 𝐁𝐮𝐬𝐢𝐧𝐞𝐬𝐬 𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐞𝐬, 𝐓𝐚𝐫𝐠𝐞𝐭𝐢𝐧𝐠 𝐃𝐚𝐫𝐤 𝐏𝐚𝐭𝐭𝐞𝐫𝐧𝐬 𝐚𝐧𝐝 𝐒𝐭𝐫𝐞𝐧𝐠𝐭𝐡𝐞𝐧𝐢𝐧𝐠 𝐂𝐨𝐧𝐬𝐮𝐦𝐞𝐫 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧𝐬 On October 16, 2024, the #Albanese Government announced a ban on unfair business practices in Australia (https://lnkd.in/eE8M2SEu). The legislation aims to protect Australians from exploitative tactics. The new law also targets unfair customer service practices. → The general prohibition would encompass a business's conduct where it: 1. “unreasonably distorts or manipulates, or is likely to unreasonably distort or manipulate, the economic decision-making or behaviour of a consumer, and 2. causes, or is likely to cause, material detriment (financial or otherwise) to the consumer.” 👉 𝐎𝐮𝐫 𝐭𝐚𝐤𝐞: We take issue with a few things here: how do you prove what’s reasonable? How do you prove material detriment? How do you prove unreasonable manipulation? This imposes an unreasonable and unfair burden of proof on consumers. We should reverse the burden of proof and we should consider that any manipulation is itself a detriment to users. 🤝 𝐅𝐫𝐚𝐧𝐜𝐞'𝐬 𝐃𝐚𝐭𝐚 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧 𝐀𝐮𝐭𝐡𝐨𝐫𝐢𝐭𝐲 𝐚𝐧𝐝 𝐂𝐨𝐧𝐬𝐮𝐦𝐞𝐫 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧 𝐀𝐠𝐞𝐧𝐜𝐲 𝐒𝐭𝐫𝐞𝐧𝐠𝐭𝐡𝐞𝐧 𝐂𝐨𝐨𝐩𝐞𝐫𝐚𝐭𝐢𝐨𝐧 𝐨𝐧 𝐃𝐢𝐠𝐢𝐭𝐚𝐥 𝐄𝐜𝐨𝐧𝐨𝐦𝐲 On November 18, 2024, the CNIL and DGCCRF signed a new cooperation protocol to enhance collaboration on consumer and data protection in the digital economy ( https://lnkd.in/eqs98Cn8). The agreement focuses on information sharing, harmonizing legal interpretations, and addressing issues like dark patterns and abusive subscriptions. It also includes joint economic analyses and cross-training to improve expertise. This initiative is part of a broader effort to strengthen cooperation among digital regulatory authorities in France. 💡 Subscribe to our newsletter: https://lnkd.in/eDiarG9N 📚 Follow news updates on our site: https://lnkd.in/eiFBtjm4 🎙️ Listen to our podcast: https://lnkd.in/eht9qxZV #fairpatterns #deceptivedesign #onlinedeception #darkpatterns

🌐 "𝐃𝐚𝐫𝐤 𝐏𝐚𝐭𝐭𝐞𝐫𝐧𝐬" 𝐓𝐚𝐫𝐠𝐞𝐭𝐞𝐝 𝐛𝐲 𝐄𝐔 𝐈𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧𝐬: 𝐀 𝐍𝐞𝐰 𝐄𝐫𝐚 𝐨𝐟 𝐃𝐢𝐠𝐢𝐭𝐚𝐥 𝐅𝐚𝐢𝐫𝐧𝐞𝐬𝐬 🌟 In a groundbreaking move, the EU has officially banned dark patterns—those deceptive design tactics that manipulate users into actions they didn’t intend—under the Digital Markets Act (DMA), Digital Services Act (DSA), andAI Act. These new regulations explicitly prohibit practices like hidden fees, misleading consent options, and manipulative interfaces. Major platforms like Meta, TikTok, and AliExpress are already under scrutiny for non-compliance, with potential fines reaching up to 6% of their global turnover. 💼But this isn’t just about enforcement—it’s about creating a safer, more transparent digital environment for everyone. For businesses, it’s a call to action: adopt ethical, user-centered design practices that foster trust and loyalty. Want to learn more about how these changes are reshaping digital accountability and what they mean for businesses and consumers? 🔗Read our latest blog here: https://lnkd.in/gByp5Z3s 🤝 Let’s work together to build a digital ecosystem where fairness and trust come first. The future of tech is fair! #DigitalFairness #DarkPatterns #Transparency #EthicalDesign #UXDesign #UserRights #Innovation

✨ Exciting News! ✨ We are thrilled to share that Fair Patterns was interviewed at the #WebSummit and has been featured in Forbes with the article, "𝐀𝐈-𝐃𝐫𝐢𝐯𝐞𝐧 𝐃𝐚𝐫𝐤 𝐏𝐚𝐭𝐭𝐞𝐫𝐧𝐬: 𝐇𝐨𝐰 𝐀𝐫𝐭𝐢𝐟𝐢𝐜𝐢𝐚𝐥 𝐈𝐧𝐭𝐞𝐥𝐥𝐢𝐠𝐞𝐧𝐜𝐞 𝐈𝐬 𝐒𝐮𝐩𝐞𝐫𝐜𝐡𝐚𝐫𝐠𝐢𝐧𝐠 𝐃𝐢𝐠𝐢𝐭𝐚𝐥 𝐌𝐚𝐧𝐢𝐩𝐮𝐥𝐚𝐭𝐢𝐨𝐧" This recognition highlights the critical intersection between our work and the rapid advancement of AI. We’re proud of the work our team is doing to combat the rise of dark patterns and grateful for the opportunity to share our story. "The Fair Patterns’ CEO [Marie Potel-Saville] emphasizes the importance of informed choice in digital spaces, something she sees eroding with the increasing sophistication of AI. 'For some people, it’s annoying. But for others, like young people or the elderly, it can be outright exploitative,' she says. Even more concerning, generative AI, which learns from huge datasets, can amplify dark patterns to an extent never seen before, unwittingly replicating these manipulative tactics simply because they are embedded in the data it was trained on." Read the full article here 👇 #ForbesCoverage #Forbes #ForbesArticle #TechForGood #AI #DarkPatterns #DigitalEthics #EthicalAI #TechInnovation #LegalTech #DigitalTransformation #DarkPatterns #OnlineManipulation

⚖️ 𝐋𝐞𝐠𝐚𝐥 𝐔𝐩𝐝𝐚𝐭𝐞𝐬 Good morning and welcome to this week's #fairmonday! Your weekly dose of fairness for the digital world! Let’s dive in ⤵️ 💸⚖️ 𝐅𝐓𝐂 𝐒𝐮𝐞𝐬 𝐂𝐚𝐬𝐡 𝐀𝐝𝐯𝐚𝐧𝐜𝐞 𝐀𝐩𝐩 𝐃𝐚𝐯𝐞 𝐟𝐨𝐫 𝐃𝐞𝐜𝐞𝐩𝐭𝐢𝐯𝐞 𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐞𝐬 𝐚𝐧𝐝 𝐇𝐢𝐝𝐝𝐞𝐧 𝐅𝐞𝐞𝐬 On Nov 5, 2024, the Federal Trade Commission (FTC) filed a complaint against the cash advance app Dave, accusing it of deceptive practices and hidden fees that exploit financially vulnerable users (https://shorturl.at/YPAe3). The FTC alleges that Dave falsely advertised no-cost advances up to $500, but most users received much smaller amounts, often only accessible by paying an undisclosed "Express Fee." Dave also allegedly pushed a misleading “tip” fee, presenting it as a charitable donation yet keeping most of it as revenue, with only minimal contributions going to charity. Additionally, the app charged a $1 monthly membership fee that users found hard to cancel, with unclear disclosures leading to surprise deductions. The FTC argues these practices violate consumer protection laws. 🇮🇳💻 𝐃𝐢𝐠𝐢𝐭𝐚𝐥 𝐈𝐧𝐝𝐢𝐚 𝐀𝐜𝐭 𝟐𝟎𝟐𝟒: 𝐒𝐡𝐚𝐩𝐢𝐧𝐠 𝐚 𝐒𝐞𝐜𝐮𝐫𝐞 𝐚𝐧𝐝 𝐀𝐝𝐯𝐚𝐧𝐜𝐞𝐝 𝐃𝐢𝐠𝐢𝐭𝐚𝐥 𝐅𝐮𝐭𝐮𝐫𝐞 The DIA draft aims to replace the outdated Information Technology Act and establish a future-proof legal framework to enhance India's digital security and advancement (https://shorturl.at/5QzCZ). It introduces regulations for emerging tech like 5G, IoT, cryptocurrency, and AI, focusing on cybersecurity and privacy. Key provisions include holding social media platforms accountable for misinformation and ensuring ethical AI. The Act emphasizes digital literacy, promoting public awareness and equipping professionals in sectors like healthcare and education with the skills to safely navigate digital tools. 🇦🇺📱𝐀𝐮𝐬𝐭𝐫𝐚𝐥𝐢𝐚'𝐬 𝐏𝐫𝐨𝐩𝐨𝐬𝐞𝐝 𝐒𝐨𝐜𝐢𝐚𝐥 𝐌𝐞𝐝𝐢𝐚 𝐁𝐚𝐧 𝐟𝐨𝐫 𝐊𝐢𝐝𝐬 𝐔𝐧𝐝𝐞𝐫 𝟏𝟔: 𝐁𝐚𝐥𝐚𝐧𝐜𝐢𝐧𝐠 𝐒𝐚𝐟𝐞𝐭𝐲 𝐚𝐧𝐝 𝐀𝐜𝐜𝐞𝐬𝐬 On November 7, 2024, Australian Prime Minister Anthony Albanese proposed legislation to ban social media access for children under 16 (https://shorturl.at/LWzIW) , mandating platforms like Instagram, TikTok, Facebook, and YouTube to implement age verification processes. The policy aims to mitigate the harmful effects of social media on youth mental health, with significant fines for non-compliant companies. However, Meta has suggested using app store-based age checks and parental consent measures as a legally mandated alternative. While some applaud the government's approach, over 140 experts have voiced concerns, warning that a ban could unnecessarily limit young people’s access to essential social, educational, and recreational resources online. 💡 Subscribe to our newsletter: https://lnkd.in/eDiarG9N 📚 Follow news updates on our site: https://lnkd.in/eiFBtjm4 🎙️ Listen to our podcast: https://lnkd.in/eht9qxZV #fairpatterns #deceptivedesign #onlinedeception #darkpatterns

Watch the WebSummit now! https://lnkd.in/ec5Jzqmu 𝐃𝐚𝐫𝐤 𝐩𝐚𝐭𝐭𝐞𝐫𝐧𝐬 𝐯𝐬 𝐟𝐚𝐢𝐫𝐧𝐞𝐬𝐬 𝐛𝐲 𝐝𝐞𝐬𝐢𝐠𝐧 𝐢𝐧 𝐚𝐧 𝐀𝐈-𝐝𝐫𝐢𝐯𝐞𝐧 𝐰𝐨𝐫𝐥𝐝 Fair Patterns CEO, Marie Potel-Saville speaks with Celia Hodent and Inês Portela, facilitated by Mariana Barbosa (she/her). #FairPatterns #DarkPatterns #WebSummit2024 #LiveStream #TechTalks #WatchLive #AI

⏰ Set your alarms to watch us live from #WebSummit, TODAY! Here's the link to watch at 2:35pm Lisbon time. https://lnkd.in/ec5Jzqmu Our CEO, Marie Potel-Saville will be speaking today at the #WebSummit, along with Celia Hodent and Inês Portela. Their talk, 𝘋𝘢𝘳𝘬 𝘱𝘢𝘵𝘵𝘦𝘳𝘯𝘴 𝘷𝘴 𝘧𝘢𝘪𝘳𝘯𝘦𝘴𝘴 𝘣𝘺 𝘥𝘦𝘴𝘪𝘨𝘯 𝘪𝘯 𝘢𝘯 𝘈𝘐-𝘥𝘳𝘪𝘷𝘦𝘯 𝘸𝘰𝘳𝘭𝘥, will be facilitated by Mariana Barbosa (she/her). Don't miss it! (For those of you watching from France, it airs at 3:35pm due to the time zone difference) 🧭 If you're on location: Stage 15, Pavilion 5 #FairPatterns #DarkPatterns #WebSummit2024 #LiveStream #TechTalks #WatchLive

Check out Amurabi’s work on #FairPatterns! The idea is to flag #darkpatterns, explain what laws they are breaking and why it’s bad for users, and offer fair pattern alternatives. Marie Potel-Saville and team did some great work on this. It’s very promising! If you are at the Web Summit in Lisbon, they are in Pavillion 3 booth A5108. Also check https://lnkd.in/ezfgSSDC

Our CEO working her magic … well, it’s not magic when you’re fighting for fairness in tech! Marie Potel-Saville with Fairpatterns at Web Summit ☺️

🔔 In case you missed it! Harry Brignull on What's the Future of the Online Manipulation Fight In this episode, Harry Brignull and Marie Potel-Saville discuss the tricky design techniques used by tech companies, and how regulators are pushing back. Harry is a UX design expert with a PhD in cognitive design sciences, and famously coined the term dark patterns. He's the author of, Deceptive Patterns: Exposing the Tricks Companies Use to Control You, and the founder of the Deceptive Patterns initiative (https://lnkd.in/duxycNH3). They explore: - The evolution of deceptive design techniques - The role of design in implementing dark patterns - Methods used for testing the level of manipulation in dark patterns - The Hall of Shame (https://lnkd.in/e-DFdRr9), and how users who complain on social media are helping regulators identify companies using these techniques - Insights into what the future of design and user protection might look like https://lnkd.in/e4RFMbG6 #DeceptiveDesign #DarkPatterns #UXDesign #EthicalDesign #UserExperience #DesignEthics #HallofShame #DigitalEthics #Podcast