MozFest Virtual 2023 & MozFest House: Amsterdam

Dialogues & Debates: Navigating Deceptive Design and Regulation in the EU
Language: English (mozilla)

The panelists will delve into the policy landscape of the EU, discussing existing regulations and initiatives aimed at curbing these practices. They will examine the strengths and limitations of current policies, exploring how well they address the evolving landscape of deceptive design and dark patterns.

Resources:

The ACM Guidelines on the Protection of Online Consumers

The ACM’s position paper in relation to the EC Fitness Check on Digital Fairness

ACM studies on the effectiveness of transparency requirements

The ACM study on paid ranking

Cases Booking.com and Expedia

CPC action against Amazon Prime

Dark commercial patterns | OECD

C.Rosca, 'Destination "dark patterns" On the EU (digital) legislative train and line-drawing’

C. Rosca, ‘The Instagram zombie accounts’

I. Graef, ‘The EU Regulatory Patchwork for Dark Patterns: An Illustration of an Inframarginal Revolution in European Law?’

Location

This session will take place on the Main Stage, in the Zonzij Room

See also: Stream

Kush Amlani is a British-born lawyer of Ugandan-Indian heritage. He is currently Global Competition & Regulatory Counsel at Mozilla, where he joined from the Legal team at the BBC. He previously worked in a private practice law firm in London and Brussels, advising on competition law and regulation in sectors such as energy, technology, media, telecoms and pharmaceuticals.

Dries is a Dutch lawyer. He currently coordinates the work on the digital economy at the Consumer Division of the Netherlands Authority for Consumers and Markets (ACM). He has 20 years of enforcement experience dealing with various economic sectors and businesses. In 2014 he set up ACM’s Behavioural Insights Team and managed it for the first five years. In recent years he also worked at the OECD for the Committee on Consumer Policy (CCP). Ever since the publication of the ACM’s Guidelines on the Protection of Online Consumers, which he co-authored, Dries has been an active speaker on deceptive design and consumer protection in both national and international fora.

Constanța Roșca is a multidisciplinary PhD researcher at Maastricht University. Her PhD research combines consumer law and computer science insights to explore legal and technical solutions for the interpretation and enforcement of regulation on dark patterns. Constanța also regularly advises national and European policy makers on dark patterns, particularly in the context of the European Commission’s E-Enforcement Academy, where she provides training on digital investigations on the internal market.