$520 million fine The operator of the cult game Fortnite in the US has to pay a lot for legal misconduct. Specifically, it deals specifically with in-app purchases and so-called dark patterns that encourage teens to spend more money in-game.
But Dark Patterns is much more than a forced purchase of digital currencies in a game. Blick shows you where they lurk and how best to protect yourself from them.
What are dark patterns?
“Basically, a dark model always somehow serves the subconscious mind to get customers to give away more money or data than they want in a short or long period of time,” says consumer advocate Lucien Jucker (31) at Blick. This is a very broad term and dark patterns can be found almost everywhere in the digital realm. From in-app purchases in video games to booking websites and trial subscriptions for any streaming service.
What different Dark Patterns are there?
Games like Fortnite are deliberately built in such a way that you have to spend more money to progress and get better. This is a classic dark model. However, subscriptions that can be completed with one click but are very difficult to cancel later are also considered dark patterns.
Other forms, for example, are large green buttons to purchase on a website, while the reject button is very small and hidden. So you can unconsciously click on it and enter into a contract. But booking websites also often work with dark patterns. For example, when you book a flight, you’ll always see information like “35 people looking for the same link” or “Only four flights available at this price”. This creates pressure and subconsciously encourages the customer to make a quicker purchase. This is just a selection of the most common Dark Patterns.
Is this legal?
Answer Yes! In most cases, such practices are not illegal. Adults and responsible persons are responsible for their clicks. Also, the legal framework is missing. “The laws in this area are very weak, especially in Switzerland,” digital legal expert Martin Steiger (44) tells Blick. It gets legally difficult when it comes to children and other particularly vulnerable people. Fortnite was also condemned for this reason.
What can I do to protect myself?
The first and best advice is: inform yourself and be careful. “Unfortunately, in the digital realm, you have to constantly wait for someone to scam you,” says digital legal expert Martin Steiger. You should always be aware of this. It is also very important that you discuss this issue with your children and make them as sensitive as possible to such issues.
A technical solution is to ban the download of apps where in-app purchases are possible from the settings on your son’s or daughter’s cell phone. You can also request a notification from your credit card company as soon as the payment is made by card. Unfortunately, by then it’s usually too late.
There are also control apps that can be installed on children’s mobile phones. However, there is no complete security as the Dark Patterns lurk everywhere. In addition, the monitoring of children becomes more difficult as the age progresses, and it also forces the relationship of trust.
What can I do if I fall into the Dark Pattern trap?
Legal action is relatively small, especially in Switzerland. However, if the child makes a purchase in a game, the contract can be challenged. Because children cannot legally conclude a contract. However, app or card operators will claim that they don’t know if the person making the purchase is a minor. Because the card is always passed by an adult and responsible person.
It is therefore difficult to take legal action against such purchases. Additionally, for “smaller amounts” like a few hundred francs, it’s often not worth it. The time and money a person will have to spend on a lawyer often exceeds the amount that can be recovered.
What is the state doing about it?
Little or nothing so far. Consumer protection in Switzerland is relatively weak compared to the EU or the USA. It remains to be seen whether this will change in the coming years. However, with increasing digitalisation, the pressure to act is likely to increase. The EU will pass a new law on the subject in 2024. With the “Digital Services Act” certain forms of dark patterns become illegal here.
This can have both positive and negative effects on Switzerland. Because many online platforms are based in other European countries. If the rules there become more stringent, it could have two consequences. As a result, the use of dark patterns is declining in Switzerland. Or companies are using the unregulated space in Switzerland to work with such models even more. However, Lucien Jucker from consumer protection promises that they will raise this issue more in the future and will also strive for political changes.