The present looks nothing like the Jetsons: Deceptive design in virtual assistants and the protection of the rights of users

Research output: Contribution to JournalArticleAcademicpeer-review

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 languageEnglish
Article number105866
Pages (from-to)1-19
Number of pages19
JournalComputer Law & Security Review
Volume51
Early online date14 Sept 2023
DOIs
Publication statusPublished - 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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