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Manipulation by design

Author

Listed:
  • Jan Trzaskowski

    (Copenhagen Business School and Aalborg University)

Abstract

Human behaviour is affected by architecture, including how online user interfaces are designed. The purpose of this article is to provide insights into the regulation of behaviour modification by the design of choice architecture in light of the European Union data protection law (GDPR) and marketing law (UCPD). It has become popular to use the term ‘dark pattern’ (also ‘deceptive practices’) to describe such practices in online environments. The term provides a framework for identifying and discussing ‘problematic’ design practices, but the definitions and descriptions are not sufficient in themselves to draw the fine line between legitimate (lawful) persuasion and unlawful manipulation, which requires an inquiry into agency, self-determination, regulation and legal interpretation. The main contribution of this article is to place manipulative design, including ‘dark patterns’, within the framework of persuasion (marketing), technology (persuasive technology) and law (privacy and marketing).

Suggested Citation

  • Jan Trzaskowski, 2024. "Manipulation by design," Electronic Markets, Springer;IIM University of St. Gallen, vol. 34(1), pages 1-13, December.
    • Handle: RePEc:spr:elmark:v:34:y:2024:i:1:d:10.1007_s12525-024-00699-y
    DOI: 10.1007/s12525-024-00699-y
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    References listed on IDEAS

    as
    1. Jan Trzaskowski, 2011. "Behavioural Economics, Neuroscience, and the Unfair Commercial Practises Directive," Journal of Consumer Policy, Springer, vol. 34(3), pages 377-392, September.
    2. Sunstein, Cass R., 2016. "Fifty Shades of Manipulation," Journal of Marketing Behavior, now publishers, vol. 1(3-4), pages 213-244, February.
    3. N. Helberger & M. Sax & J. Strycharz & H.-W. Micklitz, 2022. "Choice Architectures in the Digital Economy: Towards a New Understanding of Digital Vulnerability," Journal of Consumer Policy, Springer, vol. 45(2), pages 175-200, June.
    4. Daniel Kahneman, 2003. "Maps of Bounded Rationality: Psychology for Behavioral Economics," American Economic Review, American Economic Association, vol. 93(5), pages 1449-1475, December.
    5. Tversky, Amos & Kahneman, Daniel, 1986. "Rational Choice and the Framing of Decisions," The Journal of Business, University of Chicago Press, vol. 59(4), pages 251-278, October.
    6. Robert M. Bond & Christopher J. Fariss & Jason J. Jones & Adam D. I. Kramer & Cameron Marlow & Jaime E. Settle & James H. Fowler, 2012. "A 61-million-person experiment in social influence and political mobilization," Nature, Nature, vol. 489(7415), pages 295-298, September.
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    More about this item

    Keywords

    Manipulation; Design; Dark patterns; Marketing; Privacy; Agency;
    All these keywords.

    JEL classification:

    • K24 - Law and Economics - - Regulation and Business Law - - - Cyber Law

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