Dark patterns on websites are widespread in France and Europe. The term refers to user interfaces (UIs) designed to trick customers into certain decisions when browsing websites. In 2022, 97% of the most popular websites and apps in the EU used at least one dark pattern. Although the practice has been quietly tolerated, it is now subject to strict laws and controls.

Gradual restrictions on dark patterns have forced online businesses to find a balance between legitimate persuasion techniques and illegal manipulation. Though conversion funnels remain legal, it’s now illegal to restrict customer choices by exploiting cognitive biases.

In this article, we explain dark patterns, including how they work, what French laws govern them, and what risks they pose to customers and businesses. We also provide best practices for designing effective interfaces that comply with the law.

Key takeaways

• Dark patterns are deliberate design choices (e.g., text, buttons, paths) that lead customers to decisions they wouldn’t make on their own. These patterns exploit cognitive biases rather than providing information.
  
• Harry Brignull is a user experience (UX) specialist who coined the term “dark patterns.” His list contains 16 tactics used throughout the purchase process. They include fake countdowns, prechecked boxes, hidden fees, complex cancellation procedures, ambiguous statements, and visual interference.
  
• These practices are now explicitly outlawed in France and Europe by the Consumer Code, Article 25 of the European Digital Services Act (DSA), the Law on Emergency Measures for the Protection of Purchasing Power (Mesures d’Urgence pour la Protection du Pouvoir d’Achat, or MUPPA), and the AI Act regarding manipulative AI systems.
  
• Businesses that do not comply are subject to steep fines of up to €1.5 million for corporations, 10% of average annual revenue, and €20 million or 4% of global revenue under the General Data Protection Regulation (GDPR).
  
• Websites must follow several principles. These include ensuring equal treatment of acceptance and rejection, displaying all costs before payment, eliminating artificial senses of urgency or scarcity, never preselecting paid options, and regularly auditing user interfaces.
  

What are dark patterns?

Dark patterns—also known as “deceptive patterns”—are design choices (e.g., text, buttons, paths) deliberately created to push customers toward decisions they wouldn’t make otherwise. These manipulative processes encourage customers to make initial or additional purchases, subscribe, or agree to tracking without their knowledge.

The term “dark patterns” was coined by Harry Brignull, a user experience (UX) specialist. It’s a play on the term “design patterns,” which refers to reusable design in UX. Dark patterns rely on the idea that no interface is neutral. The placement of every button, word, and color affects user behavior. A site uses dark patterns when its architecture drives customers toward the most profitable option for the business by skewing their abilities to act with discernment. This is in place of the site architecture helping customers make informed decisions.

The difference between dark patterns and poor UX is intentionality. Poor UX does a disservice to customers through negligence, mistakes, or incompetence. It also harms the business, which has a vested interest in correcting it. On the other hand, dark patterns are deliberate. They promote mindless decision-making, which degrades the UX for the business’s benefit.

How dark patterns work

Dark patterns exploit a simple behavioral truth: on websites—and especially online shops—customers don’t read everything. They skim and fill in the blanks. Dark patterns hide unpleasant information in places the eye skims over and highlight actions that benefit the business.

These options are placed in locations that are visible and accessible in one click (e.g., “buy now,” “subscribe”). On the other hand, alternatives (e.g., “no,” “unsubscribe”) are downplayed based on the visual design, number of steps required, or mental burden imposed.

Dark patterns also exploit certain cognitive biases, such as loss aversion. This is caused by false senses of urgency and scarcity (e.g., “Only one left in stock!”). This urges customers to act quickly to avoid missing opportunities.

Dark patterns trigger psychological reflexes that are often subconscious, especially when customers make quick purchase decisions. This differentiates dark patterns from sales techniques. Traditional sales techniques provide information and allow free choice; whereas, dark patterns restrict choice by depending on customers’ automatic behavior.

What are the different types of dark patterns?

Brignull’s classification system names 16 types of dark patterns. Each type targets a specific stage in the purchasing or consent process. They include fake countdowns on product pages, prechecked add-ons in shopping carts, hidden fees, and cancellation processes buried in fine print.

Here’s a closer look at each type of dark pattern.

Comparison prevention

An online shop displays product features and prices in complicated or fragmented ways so customers can’t compare them. The goal is to disrupt rational decision-making and obscure the best option. This type of dark pattern generally appears before customers make selections, which is when comparison typically takes place.

Example

A website displays two fixed-price cell phone plans side by side. One is described as “€19.99 per month for 6 months and €34.99 thereafter, 24-month contract, 120 GB.” The other is “€24.99 per month with no contract, 100 GB, 2 months free.” The contracts, promotional pricing, and data plans are so different that it’s difficult to compare the plans directly.

Confirmshaming

To decline an offer, the customer must click on a phrase that is designed to shame them. The resulting sense of shame discourages them from declining. This tactic typically appears when the customer is about to decline an offer, such as a newsletter, add-on, or subscription. By framing the refusal in this way, the interface turns a neutral choice into an admission of naivety or greed.

Example

The button to accept a discount is large and brightly colored. The button to reject the discount is labeled, “No thanks, I prefer to pay more” or “No, I don’t want to save money.”

Disguised ads

This occurs when ads and sponsored search results look like neutral editorial content or a functional element of the interface. Customers click on them, believing the search results to be unbiased. However, they are actually paid ads.

This type of dark pattern typically appears during searches and browsing. It exploits customer trust in editorial neutrality and their tendencies to skim content. Customers can typically discern the differences between content and ads, but the lines have become blurred.

Example

On a marketplace, the top three search results for “coffeemaker” are actually paid ads marked as “Sponsored” in tiny, light gray print that is nearly invisible. Therefore, the ads are perceived as legitimate top search results.

Fake scarcity

This happens when statements on websites or online shops suggest that only a few items are left in stock or that demand is high, when this is not actually the case. The goal is to trick customers into impulse buys by exploiting their aversion to loss.

Example

A product page has a red icon that states, “Only 2 left in stock!” or “Popular product: 27 sold today.” This note appears regardless of the actual number in stock or sold.

Fake social proof

False ratings, reviews, or activity notifications suggest that a product is more popular or reliable than it actually is. This technique exploits peer influence to reassure customers and speed up decision-making.

Example

On a hotel booking site, constant notifications appear with statements such as, “Marie from Lyon just booked” and “14 people are looking at this hotel right now.” These are generated automatically and do not correspond to real-time activity.

Fake urgency

A countdown timer suggests a sale is ending soon, but the site resets the timer with every visit. The goal is to bypass browsing and product comparison by creating an artificial sense of urgency.

This dark pattern combines time pressure and loss aversion. The timer shortens the time available for reflecting and encourages quick, emotional decision-making, at the expense of analysis.

Example

When buying a concert ticket, a banner appears that states, “This price expires in 09:58” or “We will reserve your seat for 10 minutes.” However, the timer resets to 10 minutes when the page reloads, and the price doesn’t change.

Forced action

To make a purchase, customers must complete an undesired action. The customer can access the service only by giving the business information that it wants. This tactic appears during tasks that must be completed, such as creating an account, subscribing, accessing content, or confirming purchases.

This dark pattern exploits customers’ focus on their goals. Customers visit the site for a specific reason, so they agree to an undesired action rather than walking away empty-handed.

Example

After a customer adds items to a cart, the website refuses to let payments go through. The customer must create an account and check the option, “I agree to receive offers from partners.” This occurs instead of allowing the customer to check out as a guest.

Hard to cancel

With this tactic, subscribing is fast and easy, but cancellation is tedious. The unsubscribe page is hard to find, or customers have to contact customer service or confirm cancellation multiple times. This tactic—also called “roach motel”—typically appears in the retention phase, when customers are trying to leave the site. The deliberate imbalance discourages them from leaving by implementing multiple obstacles.

If the cost of cancellation—in time, energy, or number of steps—is more than the cost of the recurring charge, customers tend to give up trying to cancel or decide to try again later.

Example

A customer can purchase a gym membership in two clicks online, but cancellation requires a letter sent by registered mail and two months’ notice. The website has no cancellation button.

Hidden costs

Customers are lured by low prices, but they discover unexpected fees at the time of payment, after investing time in the purchase. The goal is to make the offer look more appealing than it is.

This tactic combines anchoring and the sunk cost fallacy. Customers are anchored to the low price initially displayed. The fees added on at the last minute seem secondary to the time already invested.

Example

A concert ticket advertised as €19 costs €34 at the time of payment, after “service fees” (€4), “processing fees” (€3), and “contributions” (€8) are automatically added. These fees are not mentioned at the beginning.

Hidden subscriptions

Promotions (e.g., “free” trials) trick customers into recurring payments without clear information or explicit consent. This type of dark pattern takes advantage of customers forgetting to cancel free trials before they end. It also exploits their sense of immediacy and inertia. Today’s free trial overrides tomorrow’s commitment, which customers underestimate when they sign up.

Example

A photo retouching app offers “7 days free” but requires a credit card number when signing up. The app does not send a reminder email at the end of the free trial, and the plan switches to a €9.99 per week subscription.

Nagging

The same request appears again and again—from one page or session to the next—until customers give in. This tactic makes use of decision fatigue. Customers are nagged until they give in because it’s easier than continuing to refuse.

Example

Every time a customer clicks on an article on a media outlet’s website, a pop-up appears asking them to, “Turn on notifications.” This is followed by requests to subscribe to the newsletter, even after customers have refused a dozen times.

Obstruction

Websites create pointless barriers to tasks or information that only serve the business’s interest. Unlike “hard to cancel” tactics, obstruction can appear anywhere (e.g., when changing settings, contacting customer support, accessing a webpage).

This dark pattern exploits effort aversion. Each added step increases the likelihood of abandonment. The obstacles pose no benefit to customers. They exist only to discourage customers and push them toward results that benefit the business.

Example

To turn off ad tracking, customers must go to “Settings,” then “Confidentiality,” and finally “Manage my choices.” Then, they must uncheck advertisers one by one.

Preselection

Paid add-ons or less favorable options are preselected. Customers must perform a task to deselect them, but natural inertia encourages them to leave the options checked. This tactic exploits “default” or “status quo” biases. Most people won’t change preselected options because of their trust in the business, inattention, or avoidance of extra effort.

Example

In the purchase funnel for a train ticket, options for €4 “cancellation insurance” and “newsletter subscription” are prechecked. Customers must notice them and manually uncheck the boxes before confirming payment.

Sneaking

Important information is hidden or revealed late so customers are tricked into making transactions under false pretenses. For example, items are frequently slipped into shopping carts without the customer taking action.

This type of dark pattern exploits limited attention and the sunk cost fallacy. Customers aren’t always paying attention and don’t double-check their shopping carts. Once they’re in the middle of a purchase, they might not go back and remove items added without their knowledge.

Example

A clothing website adds “delivery protection” for €2.90 during checkout. If the customer doesn’t notice and remove it, they pay the extra fee.

Trick wording

Ambiguous descriptions, double negatives, or confusing wording misleads customers about agreements. This type of dark pattern often appears in forms and requests for consent. The tactic exploits cognitive load and customers’ tendencies to speed-read. Double negatives and ambiguous descriptions obscure the actual effects of customer actions, causing them to choose the opposite of what they want.

Example

At the bottom of a sign-up form, there is a box labeled, “Unclick if you would no longer like to receive our communications.” The double negative is confusing and makes it easy to misunderstand the agreement.

Visual interference

Desirable information is masked, obscured, or disguised by the website design (e.g., size, color, contrast, placement) to direct customers to the selection that is most profitable for the business. This type of dark pattern exploits features that visually stand out. The customers’ eyes and hands are naturally drawn to the most visible element.

The stand-out option is the one that is most favorable to the business. Alternatives fade into the background—through low contrast, small size, or poor positioning. This interface can influence customers without technically removing the other options, which are rendered nearly invisible.

Example

On a cookie banner, the “Accept all” button is large and green. The “Continue without accepting” option appears in small, light gray text in the upper right corner, away from the natural line of sight.

Are dark patterns legal in France?

Dark patterns that mislead or manipulate customers are illegal in France. They are considered dishonest, misleading, or aggressive business practices punishable by the Consumer Code. Since February 17, 2024, they have been outlawed by Article 25 of the European Digital Services Act (DSA). Fines can reach into the millions of euros.

The basis for this regulatory framework is the Consumer Code, which prohibits the following:

• Dishonest business practices (Articles L121-1 et seq.)
  
• Misleading business practices (Articles L121-2 et seq.)
  
• Aggressive business practices (Articles L121-6 et seq.)
  

These business practices include a false sense of urgency, false inventory, and hidden subscriptions. Article L133-1 of the Consumer Code outlines the sanctions for violating digital service laws. Hard-to-cancel dark patterns are targeted directly by the 2022 Law on Emergency Measures for the Protection of Purchasing Power (Mesures d’Urgence pour la Protection du Pouvoir d’Achat, or MUPPA). It states that customers must be able to cancel electronic subscriptions in three clicks.

The National Commission for Information Technology and Civil Liberties (Commission nationale de l’informatique et des libertés, or CNIL) also monitors how consent is obtained (e.g., cookie banners, tracking). Article 82 of the Information Privacy Act (loi Informatique et Libertés) requires freely made, informed consent. According to the CNIL, refusing cookies must be as easy as accepting them. In December 2024, the CNIL sent reprimands to several website publishers who used banners with dark patterns.

The EU has also passed a blanket ban. In 2002, Article 25 of the DSA prohibited online platforms from designing, organizing, or operating interfaces in misleading or manipulative ways that alter customers’ decision-making capacities. Consideration 67 of the regulation states that the prohibition includes dark patterns—described as “misleading online interfaces.”

On February 2, 2025, the European regulation on AI—known as the “AI Act”—also prohibited AI practices that manipulate or harmfully exploit human vulnerabilities. Finally, the European Commission is drafting a Digital Fairness Act that will extend dark pattern laws to all businesses with online customers, including ecommerce websites.

What are the penalties for using dark patterns?

A dark pattern deemed to be misleading can expose businesses to fines of up to €300,000 and two years in prison (Article L132-2 of the Consumer Code) and fines of up to €1.5 million for corporations (Article 131-38 of the Criminal Code).

The Consumer Code also states that fines can increase to 10% of average annual revenue—calculated on the last three years of known revenue before the violation—or 50% of the expenses incurred to carry out the practice constituting this offense. The General Data Protection Regulation (GDPR) charges higher fines for personal data: up to €20 million or 4% of annual global revenue, whichever is greater.

What are the risks of using dark patterns?

Dark patterns pose risks to both businesses and customers. For businesses, the use of dark patterns can cause lasting harm to brand trust and reputation, in addition to heavy fines. Customers can experience financial losses, loss of free will, and privacy infringement.

Here are the risks to businesses and customers.

Risks to businesses

Dark patterns might appear beneficial in the short term by increasing conversion rates. However, the legal, commercial, and reputational risks are high. Businesses that break the law can expect the following:

• Financial and criminal sanctions
  If a business uses dark patterns, it could face heavy fines or be subject to prison sentences.
  
• Harm to reputation
  Reprimands from the CNIL and public announcements of violations can cause lasting harm to a business’s reputation. Consumer agencies—such as Federal Union of Consumers (UFC)-Que Choisir—also actively monitor industries and inform authorities of violations.
  
• Customer attrition and loss of trust
  Customers that feel misled might not return and could inform others. With subscriptions, customers could cancel and write negative reviews once they learn of the deceptive practices.
  
• Returns, disputes, and unpaid invoices
  Product returns after the 14-day right of withdrawal period, demands for refunds, and payment disputes all increase when customers make purchases without full consent.
  
• Digital accessibility infringements
  The addition of obstacles (e.g., confusing browsing paths, visual interference, ambiguous wording) degrades website accessibility and could violate Web Content Accessibility Guidelines (WCAG) and the General Accessibility Improvement Framework (Référentiel Général d’Amélioration de l’Accessibilité, or RGAA). Violations increase when customers with disabilities are involved, which can add a charge of failure to maintain disability compliance.
  
• Cost of urgent compliance
  Updating websites while under pressure from official reprimands and short deadlines can cost more money and energy than designing a proper interface from the start.
  

Risks to customers

Dark patterns can cause tangible harm to customers. Their ability to spot these patterns is limited, and many customers have become accustomed to them. Here are the primary risks to online shoppers:

• Financial harm
  This includes hidden fees, subscriptions without customer consent, and paid add-ons added by default. These additional costs can add up to significant amounts on a market-wide scale.
  
• Loss of free will
  Purchase decisions are no longer fully voluntary. Instead, they are influenced by biases embedded in website architecture.
  
• Infringement of privacy
  Misleading cookie banners obtain consent for tracking, but consent is obtained without providing full information or giving customers freedom to choose. This results in data collection that customers have not explicitly agreed to.
  
• Stress and mental load
  False senses of urgency, repeated confirmations, and confusing browsing paths create decision fatigue and psychological pressure.
  
• Erosion of trust in online businesses
  Because of constant tricks and manipulation, customers become distrustful of all online businesses. This can undermine price transparency and fair competition.
  

How to avoid using dark patterns on ecommerce websites

To avoid dark patterns, website interfaces must help customers make decisions freely, rather than through coercion. This requires balanced options, transparent pricing and terms, compliant cookie consent, and the elimination of artificial senses of urgency or scarcity. Here are some concrete measures to implement on ecommerce sites, online stores, and payment interfaces.

Provide balanced choices

The CNIL requires that “opting out must be as easy and visible as opting in.” For example, on a cookie banner, the “Reject All” button must have the same visual prominence (e.g., size, color, placement, number of clicks) as “Accept All.”

Display fees before payment

The total price—including shipping and related fees—must be visible before the contract is concluded and without last-minute additions. Websites must avoid “drip pricing”—where the price increases step by step during the checkout process. Ensuring price transparency can also drive conversions by helping to reduce cart abandonment at checkout.

Remove default options or products

Businesses must not precheck paid add-ons or add products to carts without explicit action from the customer. Customers must have the ability to opt in for additional services (e.g., insurance, warranties, donations, subscriptions), which the website must clearly label.

Eliminate artificial urgency and scarcity

Websites must only display countdown timers, low-stock levels, and visitor counters if they are real and verifiable. Low stock levels can be reported to customers. However, displaying a fake stock level is illegal.

Design websites compliant with consent and data protection guidelines

Design banners and forms in accordance with the CNIL’s cookie recommendations and the GDPR’s data protection guidelines. This can help ensure that consent is always freely given, specific, informed, and unambiguous.

Regularly audit user interfaces

Online businesses must thoroughly review their conversion funnels and banners for any identified dark patterns.

Train UX, product, and marketing teams

Dark patterns often arise from pressure to meet conversion metrics. It is important to educate teams on distinguishing between legitimate persuasion and manipulation. Businesses must also make compliance as important as performance. When creating a new website, businesses can incorporate best practices for avoiding dark patterns from the beginning.

Measure performance in different ways

Beyond the immediate conversion rate, other key metrics can effectively measure a website’s performance. These include customer lifetime value, retention rates, and customer satisfaction.

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