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> Laws that require software companies to implement a user choice should really contain some wording against dark patterns They do. GDPR explicitly requires

> Laws that require software companies to implement a user choice should really contain some wording against dark patterns They do. GDPR explicitly requires - that denying is easier than accept - that all choices are denied by default - that there has to be a single "no" button, but individual "yes" buttons for every single choice Just everyone breaks the law.

MinorTom 5y ago
> - that denying is easier than accept > - that there has to be a single "no" button, but individual "yes" buttons for every single choice GDPR requires neither of those explicitly, this is just the interpretation by most regional Data Protection Commissioners. > but individual "yes" buttons for every single choice This is misleading at best - there can be an "Accept All" Button.
- kuschku 5y ago
  You wrote: > GDPR requires neither of those explicitly, this is just the interpretation by most regional Data Protection Commissioners. No. https://gdpr-info.eu/recitals/no-32/ https://gdpr-info.eu/recitals/no-32/ says: > When the processing has multiple purposes, consent should be given for all of them You wrote: > This is misleading at best - there can be an "Accept All" Button. No. https://gdpr-info.eu/recitals/no-32/ https://gdpr-info.eu/recitals/no-32/ says: > Silence, pre-ticked boxes or inactivity should not therefore constitute consent. The legal text of the GDPR explicitly bans pre-ticked boxes for types of consent. You have to manually tick each box individually.
littlecranky67 5y ago
To add to that, we have the effect that some large $megacorps used these dark patterns in the beginning to see if they can get away with it and others unknowingly just copy it. I work as a webdev contractor and very often get requests by customers to implement the same (illegal) tracking popup, thinking they would be lawful as it is identical to what $megacorp uses.

MinorTom 5y ago

> - that denying is easier than accept > - that there has to be a single "no" button, but individual "yes" buttons for every single choice GDPR requires neither of those explicitly, this is just the interpretation by most regional Data Protection Commissioners. > but individual "yes" buttons for every single choice This is misleading at best - there can be an "Accept All" Button.

kuschku 5y ago
You wrote: > GDPR requires neither of those explicitly, this is just the interpretation by most regional Data Protection Commissioners. No. https://gdpr-info.eu/recitals/no-32/ https://gdpr-info.eu/recitals/no-32/ says: > When the processing has multiple purposes, consent should be given for all of them You wrote: > This is misleading at best - there can be an "Accept All" Button. No. https://gdpr-info.eu/recitals/no-32/ https://gdpr-info.eu/recitals/no-32/ says: > Silence, pre-ticked boxes or inactivity should not therefore constitute consent. The legal text of the GDPR explicitly bans pre-ticked boxes for types of consent. You have to manually tick each box individually.

littlecranky67 5y ago

To add to that, we have the effect that some large $megacorps used these dark patterns in the beginning to see if they can get away with it and others unknowingly just copy it. I work as a webdev contractor and very often get requests by customers to implement the same (illegal) tracking popup, thinking they would be lawful as it is identical to what $megacorp uses.