Petollinen suunnittelu personoiduissa algoritmeissa: Tarvitsemmeko turvavöitä (vahvempia huolenpitovelvollisuuksia) internetin käyttöön?

Deceptive online design can have significant individual and societal effects, many of which are tackled with current EU legislation in the Consumer Acquis and Digital Acquis. However, despite efforts to protect consumers from visible, and subliminal, effects of so-called dark patterns, or manipulative design, the current framework of European legislation offers several disconnected mechanisms to further this goal. Where consumer legislation offers clear boundaries and definitions to contracting and consumer rights but less effective remedies, the newer digital legislation offers strong remedies but weaker, more narrow definitions with unhelpful loopholes. The Digital Omnibus seeks to remedy any failings, and simplify the regimes to, among other things, “promote innovation”. However, it contains several problems itself, including potentially confusing new legislation, such as the proposed Digital Fairness Act. Revisions to current legislation would better further this goal than new legislation. For example, consumers could be better protected with symmetrical access to their interaction data and disclosures on design choices, provided in a mandated, standardized, and equitably enforceable report by providers. Consumers could also benefit from expansions to existing duty of care obligations, such as those held in the Digital Acquis, to mandate stricter liability and safety standards.