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Abstract
The increasing popularity of virtual assistants (VAs) raises concerns about deceptive design (also referred to as dark patterns), that is, design tricks to influence users into buying or engaging more, hijacking their decision-making capability. The article argues that some recurring responses and prompts recited by VAs amount to deceptive design, matching some well-known dark patterns such as Price Comparison Prevention and Misdirection. It analyses the challenges of applying the EU consumer and personal data protection laws to deceptive design in VAs, exploring provisions on unfair practices and consumers’ rights (UCPD, CRD), fairness of personal data processing (GDPR), as well as the new rules on digital services (DSA) and the proposals for Data Act and AI Act. While the current legal framework offers a sufficient starting point to address the complexity and sophistication of deceptive design in virtual assistants, additional guidance on its application and interpretation is necessary to guarantee a high level of protection of the rights and interests of VA users. This article contributes to the ongoing debate on the regulation of deceptive design, and brings attention to the specific challenges deriving from virtual assistants due to the use of vocal interface, which can bring a paradigmatic shift from the legal perspective.
Original language | English |
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Article number | 105866 |
Pages (from-to) | 1-19 |
Number of pages | 19 |
Journal | Computer Law & Security Review |
Volume | 51 |
Early online date | 14 Sept 2023 |
DOIs | |
Publication status | Published - Nov 2023 |
Bibliographical note
Funding Information:The author is very grateful to the colleagues from the Amsterdam Law & Technology Institute, from the Boundaries of Law research group at VU, Anne-Jel Hoelen, and the anonymous reviewers for their valuable feedback and support.
Publisher Copyright:
© 2023 Silvia De Conca
Keywords
- Consumer protection
- Dark patterns
- Deceptive design
- GDPR
- Virtual assistants
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BILETA 2023
Silvia De Conca (Participant)
14 Apr 2023Activity: Participating in or organising an event › Conference › Academic
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Briefing: dark patterns in smart speakers
Silvia De Conca (Speaker)
18 Apr 2023Activity: Lecture / Presentation › Academic