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Dark patterns after the GDPR: consent pop-ups and their influence

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Re: Dark patterns after the GDPR: consent pop-ups and their influence

#21

Post by bombcar »

ericra wrote: post #10
slacktide wrote: post #5

GDPR consent buttons and statements are as worthless as the California Proposition 65 cancer warning that gets slapped on every consumer product. Any plugins to strip them out or automatically consent?

ublock origin takes care of most of them. You will want to go to settings > filters and make sure that you have EasyList, EasyPrivacy, and EasyCookie all enabled. I would also recommend Fanboy's Annoyances filter list enabled, as it contains quite a few nice cosmetic filters to block out similar annoying web elements.

Thank you for this! In Chrome it was "right click on UO shield, Options -> Filters, expand and find the ones mentioned."

Re: Dark patterns after the GDPR: consent pop-ups and their influence

#22

Post by dominotw »

yohannparis wrote: post #20
rwcarlsen wrote: post #7

For me personally - all these popup banners and modal walls for websites about cookies and stuff just really make the internet a worse place. I suspect that empirically, they don't accomplish what the GDPR intended to - and they make the internet less enjoyable. Thanks GDPR.

You mean developer or website manager who do not apply the law properly. All those deceptive patterns are not part of the GDPR, they should clearly label accept and refuse. I think it will take time for people to stop gathering so much information from users. Once a competitors start to figure it out, users might start using them (i.e. New York Times & GitHub.)

> . All those deceptive patterns are not part of the GDPR

GP isn't talking about deceptive patterns. Point is that no one really understand what these popups are for and everyone just blindly clicks ok.

I don't think i've ever declined a cookie popup. have you?

Re: Dark patterns after the GDPR: consent pop-ups and their influence

#23

Post by switch007 »

justkez wrote: post #19

I recently purchased something from the official UK Nintendo Store [1]. I did not opt-in, and was not asked to opt-in, to marketing emails. Several days after purchase I received a marketing email with an Unsubscribe link. I submitted a GDPR enquiry and after a few weeks I get: Having investigated this matter fully, we can see that you were opted in as a result of a small technical difficulty which we are now fixing.…

This is absolutely /rife/ in my experience.

Re: Dark patterns after the GDPR: consent pop-ups and their influence

#24

Post by Semaphor »

s_dev wrote: post #13
Bakary wrote: post #4

Who came up with the term dark patterns? It's psychological manipulation and fraud, pure and simple

Would you consider the fact that bread and fruit and veg are always at the start of a supermarket journey a dark pattern? Supermarkets have gotten customers to spend more than they intended with all their patterns as well -- just like social media sites get customers to spend more time online. It's just what they optimise for. The concept is much older than the coined word.

but they aren't? Fruit and veggies are first for our (Germany) two largest chains, bread isn't second for either. Aldi has neither at the beginning.

Re: Dark patterns after the GDPR: consent pop-ups and their influence

#25

Post by vMPQonVtAjLWmr »

justkez wrote: post #19

I recently purchased something from the official UK Nintendo Store [1]. I did not opt-in, and was not asked to opt-in, to marketing emails. Several days after purchase I received a marketing email with an Unsubscribe link. I submitted a GDPR enquiry and after a few weeks I get: Having investigated this matter fully, we can see that you were opted in as a result of a small technical difficulty which we are now fixing.…

Is the UK still subject to the GDPR now after Brexit?

Re: Dark patterns after the GDPR: consent pop-ups and their influence

#26

Post by shadowgovt »

danShumway wrote: post #11
MereInterest wrote: post #2

Interesting that this site itself may use one of the described dark patterns. The banner on the main page has options "Got it" and "Learn more". There is no indication as to whether the "Got it" button is taken as consent for tracking, nor is there a "Reject all non-essential tracking" option on the main banner. Whether or not this site is compliant depends on whether the "Got it" button is taken as affirmative conse…

The site itself completely stops working if cookies are disabled, it just forwards me to a "cookie absent" error page. Their privacy policy says: > Other than in the restricted-access portions of the Web Site that require an ACM Web Account, ACM does not log the identity of visitors. However, we may keep access logs, for example containing a visitor's IP address and search queries. We may analyze log files periodical…

It took some digging, but if you go to https://www.acm.org/privacy-policy, the "this website uses cookies" banner at the bottom includes a selector to choose which ones are used, and "necessary" is auto-selected. Expanding the "Show details" panel along the selector shows which cookies are considered necessary, and it looks like it's part of their Cloudflare attack protection system (__cfduid), their load balancing schema (AWSALBCORS), the cookie storing the status of your cookie consent (hah, ironic) (CookieConsent). But then there are some that I wouldn't personally consider necessary, such as two Bloomberg-vended cookies that appear to mirror the consent information to Bloomberg's servers, a Swiftype tracking pixel, a YouTube cookie to estimate the user's bandwidth for optimizing video loading, and some suspiciously-opaque BACKEND and sessionState cookies.

In general, it's unfortunate their page doesn't degrade gracefully if cookies are disabled (though that's not always possible; for example, you can't assume that traffic Cloudflare can't analyze for trust is trusted... but those BACKEND and sessionState cookies being mandatory feels lazy).

Re: Dark patterns after the GDPR: consent pop-ups and their influence

#27

Post by Semaphor »

dominotw wrote: post #22
yohannparis wrote: post #20

Earlier quoted context omitted.

You mean developer or website manager who do not apply the law properly. All those deceptive patterns are not part of the GDPR, they should clearly label accept and refuse. I think it will take time for people to stop gathering so much information from users. Once a competitors start to figure it out, users might start using them (i.e. New York Times & GitHub.)

> . All those deceptive patterns are not part of the GDPR GP isn't talking about deceptive patterns. Point is that no one really understand what these popups are for and everyone just blindly clicks ok. I don't think i've ever declined a cookie popup. have you?

pretty much every time. If I can't find it or it's too much work, I load the page in chrome or just close it

Re: Dark patterns after the GDPR: consent pop-ups and their influence

#28

Post by Nextgrid »

justkez wrote: post #19

I recently purchased something from the official UK Nintendo Store [1]. I did not opt-in, and was not asked to opt-in, to marketing emails. Several days after purchase I received a marketing email with an Unsubscribe link. I submitted a GDPR enquiry and after a few weeks I get: Having investigated this matter fully, we can see that you were opted in as a result of a small technical difficulty which we are now fixing.…

In the UK, there's another law called the PECR in place that may supersede the GDPR in this case.

I've had multiple merchants get back to me after such a complaint claiming that under the PECR they're allowed to send further marketing solicitations following a purchase.

I haven't pushed it further so no idea if this is actually legal or if the GDPR supersedes it.

Re: Dark patterns after the GDPR: consent pop-ups and their influence

#29

Post by Nextgrid »

vMPQonVtAjLWmr wrote: post #25
justkez wrote: post #19

I recently purchased something from the official UK Nintendo Store [1]. I did not opt-in, and was not asked to opt-in, to marketing emails. Several days after purchase I received a marketing email with an Unsubscribe link. I submitted a GDPR enquiry and after a few weeks I get: Having investigated this matter fully, we can see that you were opted in as a result of a small technical difficulty which we are now fixing.…

Is the UK still subject to the GDPR now after Brexit?

I believe GDPR is supposed to be implemented in every participating country's legislation, so the GDPR was implemented in UK law and this remains the case even after Brexit. Nothing prevents them from amending that law and repealing the GDPR's effects on it though.

Re: Dark patterns after the GDPR: consent pop-ups and their influence

#30

Post by maweki »

Semaphor wrote: post #24
s_dev wrote: post #13

Earlier quoted context omitted.

Would you consider the fact that bread and fruit and veg are always at the start of a supermarket journey a dark pattern? Supermarkets have gotten customers to spend more than they intended with all their patterns as well -- just like social media sites get customers to spend more time online. It's just what they optimise for. The concept is much older than the coined word.

but they aren't? Fruit and veggies are first for our (Germany) two largest chains, bread isn't second for either. Aldi has neither at the beginning.

Highly depends on the Aldi. Mine does indeed start with bread but has Veg at the end of the first aisle across the refridgerated goods. I would guess that the position of the bread depends on the infrastructure, specifically where the baking station can be built.
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