8. Convince and disseminate

a. Mobilise your colleagues

The first step will be to raise awareness among the team and mainly the designers on these issues. To do this you can:

• Carrying our training (guides, books, articles);
• Discuss the topic with each other

The next step is to integrate it into the company's internal processes.
This goes through:

• include this process in the different phases of the project;
• create internal support (creation of an internal guide including the design system);
• train internal teams on these subjects;
• register teams for workshops (like the digital collage or the 'Fresque' of Designers éthiques). These workshops will provide a global vision of the impacts and consequences of dark patterns.

b. Convince decision-makers

In parallel with mobilising your colleagues, you will have to convince decision-makers (clients, managers, project managers, management, etc.). This will allow you to achieve more ambitious objectives and to obtain budget to launch initiatives.

Here is a non-exhaustive list of arguments:

• improve the company’s image in the long term;
• comply with legal frameworks;
• highlight your services.

Improve the company’s image in the long term

In the short term, deceptive designs can increase sales and conversions.

But in the long term, their uses will have negative consequences:

• Reduced customer satisfaction and trust: Deceptive practices create distorted customer expectations. This can lead to disappointment and loss of confidence. These consumers will tend to evaluate the company negatively. This sharing of negative experiences harms the brand image.
• Loss of credibility: When deceptive practices are discovered, it can seriously damage the company's reputation. Consumers are becoming more aware of these tactics. They can distance themselves from the brands that use them. This can have a negative impact on the long-term growth of the company.
• Reduced loyalty: When customers realise they have been deceived, they may be less loyal. However, a loyal customer base is valuable for a business:
  • Customers are willing to pay more for the company's products.
  • They interact positively with the brand, and recommend it to their loved ones.
  • By favouring short-term gains, a company risks being competed on user experience.
• Negative impacts through social media: Deceptive practices are easily exposed on social media. This negative feedback spreads quickly across the platforms.

This is why adopting honest and user-focused strategies is essential. This helps establish a solid and lasting reputation, for a better image of the company in the long term.

Comply with the legal framework

Respect for users is regulated by several laws:

• Since 2018, the GDPR has protected the personal data of European citizens.
• From 2024, the DSA will protect citizens from malicious digital services.

This section details the aspects of these two laws that are relevant to the guide.

You can also highlight that the use of dark patterns also harms compliance with the RGAA (French Accessibility Guidelines based on WCAG) which is a legal obligation.

General Data Protection Regulation (GDPR)

What is this ?

The GDPR constitutes a harmonised legal framework within the European Union.

Who is affected?

It applies to any company that collects, uses or processes the personal data of EU citizens (whether or not they are based in the EU).

What are the risks?

Penalties for non-compliance can reach up to €20 million in fines. For companies, this amount does not exceed 4% of annual worldwide turnover.

What does the GDPR say about dark patterns ?

The GDPR harmonises European regulations and strengthens personal data rights.
In addition, this guide details how to meet legal obligations without using dark patterns in the personal data chapter.

Digital Service Act (DSA)

What is this ?

The DSA is a European regulation governing digital services. It attempts to standardise the following principle: what is permitted or prohibited in the physical world must also be permitted or prohibited in the digital world. Its aims are to:

• make online platforms more accountable;
• introduce greater transparency;
• reduce the distribution of illegal content.

Who is affected?

All online intermediaries offering services on the European market are concerned:

• internet service providers : 
• cloud computing services;
• online platforms (marketplaces, social networks, content sharing platforms, travel and accommodation platforms, application shops);
• very large online platforms and search engines (those used by more than 45 million Europeans per month). An initial list was published in April 2023.

When is it due?

• 2020: start of the project (public consultation, draft law)
• 2022: adoption of the regulation, signature and publication in the Official Journal
• 25 August 2023: application of the DSA to the 19 very large companies
• 17 February 2024: application of the DSA to all other services concerned.

What does the DSA say about dark patterns ?

The DSA regulates several manipulative techniques:

• Dark patterns are prohibited (article 25):
  • online platform providers must not design dark patterns. And more specifically : 
    • highlight certain choices when the user is making a decision;
    • disrupt the user experience by repeatedly asking the user to make a choice, particularly when the user has already made that choice;
    • make the unsubscription procedure complicated.
• General terms and conditions must be clear (article 14):
  • informing users of any significant changes to their terms and conditions; 
  • worded simply.
• Advertisements must be clear (article 26):
  • visually different from the content, with clearly visible markings;
  • identifying the authors of the advertisement
  • without profiling using specific personal data;
• Recommendation systems must be transparent (article 27).

In addition, the major players (more than 45 million active users per month in Europe) must:

• analyse the systemic risks they cause each year (article 35);
• adopt the necessary measures to mitigate the problems identified (article 35);
• carry out independent risk reduction audits each year (article 37).

What are the risks?

The risks incurred in the event of non-compliance may be:

• Fine to the company (up to 6% of annual worldwide turnover), articles 74 and 76; 
• Temporary closure of the service (in the event of serious and repeated non-compliance with the regulations, article 82 and 51 part 3).

Highlight your services

To reduce the user's mental workload, you need to make the journey simpler. This can be done by eliminating elements that are not essential to your business model.

If there are fewer elements that can distract your customer from your service (advertising, related products, etc.), your customers and users will be more attentive to what you have to offer.

Example

Trainline

Trainline is a website for booking train and bus tickets. The user journey is lightened by many distracting elements. This will:

• makes the user experience easier;
• enhances the sale of train and bus tickets.

c. Counter-argue

As well as having the arguments to convince people, you also need to be armed to respond to the counter-arguments of those who are reluctant.

‘It will harm my business’ (return on investment)

In the short term, sales may be slightly affected, but in the long term, reducing dark patterns is good for business:

• significant competitive advantage: user-friendly practices maintain customer satisfaction, credibility and loyalty;
• better understanding of the service: by reducing distracting elements, your users will pay more attention to what you have to offer.

‘My content will adapt less to customer desires’ (customer satisfaction)

With little or no customer profiling, the content will indeed be less in tune with their supposed desires. However, customers are:

• freer to discover the services on offer for themselves;
• less manipulated and can make an informed choice.

So doing away with profiling has a beneficial impact on customer satisfaction.

d. Raise user awareness

Once the decision-makers have been made aware, you can raise awareness among users. 
The aim, from an educational point of view, is:

• to be as transparent as possible;
• describe the choices made.

You can make them aware of :

• cognitive biases, misleading designs (which are systematically found among your competitors and) which you have chosen not to use;
• the transparency of your prices, purchasing conditions, etc.;
• the minimal use or non-use of cookies and personal data.

A text explaining the design choices made can be added to a page on your site or in an article on your blog. 
In this text you can explain :

• the choices made to be in line with your values, strategy;
• any mistakes that may have been made;
• what needs to be improved.

Be careful to be transparent and authentic.

Example

Loom

French clothing designer Loom is trying to be as transparent as possible. In an article on its blog, the company explains:

• its business model;
• its mission;
• the current limitations it still has to work on;
• the mistakes it may have made;
• its commitments.

Link to the article

(Screen details :
So to avoid ever being tempted by dark patterns again, make the following commitments:

1. We will never display prices that end in 9 (and even less in 99).
2. We won't be running any sales or promotions (as we've already told you).
3. No more ‘more than’: we will never again display a time limit for ordering or a number of items remaining in stock.
4. Bye bye cookies: we are deleting cookies from our sites that may be used for advertising retargeting on Facebook, Instagram or other web pages you visit.)

e. Communicate

Once all the previous stages have been completed, you will be able to communicate on what you have put in place. 
Communicating about your actions will improve your brand image.

The risks

Be careful to:

• communicate objectively without hiding important information;
• be transparent;
• do not pass yourself off as being more respectful of the user than you are.

Communication is a means of supporting the approach and communicating what has been done.

Example of what not to do: communicating about a journey without dark patterns, when the others contain many.

Recommendations

• Work on the overall approach of your service;
• Explain what you are doing with sincerity;
• Display your approach with discretion and humility.