Who is vulnerable to deceptive design patterns? A transdisciplinary perspective on the multi-dimensional nature of digital vulnerability

Abstract

• A multidisciplinary mapping of the micro, meso, and macro factors of vulnerability to dark patterns. • A subsequent critical reflection on the feasibility of the risk assessment proposed in the General Data Protection Regulation (GDPR), the Digital Services Act (DSA), and the Artificial Intelligence Act (AI Act). • Multidisciplinary suggestions to increase resilience towards digital manipulative designs. In the last few years, there have been growing concerns about the far-reaching influence that digital architectures may exert on individuals and societies. A specific type of digital manipulation is often engineered into the interfaces of digital services through the use of so-called dark patterns, that cause manifold harms against which nobody seems to be immune. However, many areas of law rely on a traditional class-based view according to which certain groups are inherently more vulnerable than others, such as children. Although the undue influence exerted by dark patterns on online decisions can befall anybody, empirical studies show that there are actually certain factors that aggravate the vulnerability of some people by making them more likely to incur in certain manipulation risks engineered in digital services and less resilient to the related harms. But digital vulnerability does not overlap with traditionally protected groups and depends on multifaceted factors. This article contributes to the ongoing discussions on these topics by offering (i) a multidisciplinary mapping of the micro, meso, and macro factors of vulnerability to dark patterns; (ii) a subsequent critical reflection on the feasibility of the risk assessment proposed in three selected EU legal frameworks: the General Data Protection Regulation, the Digital Services Act, and the Artificial Intelligence Act; (iii) and multidisciplinary suggestions to increase resilience towards manipulative designs online.