A systematic literature review on dark patterns for the legal community: definitional clarity-and a legal classification based on the Unfair Commercial Practices Directive

Abstract

This article offers a clear definition of dark patterns and a comprehensive classification thereof using the framework provided by Directive 2005/29 on unfair commercial practices. The analysis builds on a systematic literature review that analyses how dark patterns are defined and the types of dark patterns discussed in 116 articles, conference papers and regulatory documents. Accordingly, 'dark pattern' can be defined as 'the design of a digital choice environment that is capable of distorting user behaviour'. We point out that the following elements should not be included in the definition of dark pattern: intentionality of the designer and exploitation of heuristics or cognitive bias. We identify 42 types of dark patterns. All of them can be classified as: misleading omission; misleading action; harassment; undue influence; coercion. This classification is based on legal categories and helps bridge the gap between research and legal practice, thereby increasing the expected social impact of research on dark patterns.