scholarly journals Dark and Bright Patterns in Cookie Consent Requests

2021 ◽  
Vol 3 (1) ◽  
pp. 1-38
Author(s):  
Paul Graßl ◽  
Hanna Schraffenberger ◽  
Frederik Zuiderveen Borgesius ◽  
Moniek Buijzen
Keyword(s):  
Perceived Control ◽  
Interface Design ◽  
Personal Data ◽  
Online Experiments ◽  
Privacy Law ◽  
Perception Of Control ◽  
Internet Users ◽  
Low Levels ◽  
The Eu

Dark patterns are (evil) design nudges that steer people’s behaviour through persuasive interface design. Increasingly found in cookie consent requests, they possibly undermine principles of EU privacy law. In two preregistered online experiments we investigated the effects of three common design nudges (default, aesthetic manipulation, obstruction) on users’ consent decisions and their perception of control over their personal data in these situations. In the first experiment (N = 228) we explored the effects of design nudges towards the privacy-unfriendly option (dark patterns). The experiment revealed that most participants agreed to all consent requests regardless of dark design nudges. Unexpectedly, despite generally low levels of perceived control, obstructing the privacy-friendly option led to more rather than less perceived control. In the second experiment (N = 255) we reversed the direction of the design nudges towards the privacy-friendly option, which we title “bright patterns”. This time the obstruction and default nudges swayed people effectively towards the privacy-friendly option, while the result regarding perceived control stayed the same compared to Experiment 1. Overall, our findings suggest that many current implementations of cookie consent requests do not enable meaningful choices by internet users, and are thus not in line with the intention of the EU policymakers. We also explore how policymakers could address the problem.

scholarly journals Dark and bright patterns in cookie consent requests

2020 ◽  
Author(s):  
Paul Grassl ◽  
Hanna Schraffenberger ◽  
Frederik Zuiderveen Borgesius ◽  
Moniek Buijzen
Keyword(s):  
Perceived Control ◽  
Interface Design ◽  
Personal Data ◽  
Online Experiments ◽  
Privacy Law ◽  
Perception Of Control ◽  
Consent Requirement ◽  
Low Levels

Dark patterns are (evil) design nudges that steer people’s behaviour through persuasive interface design. Increasingly found in cookie consent requests, they possibly undermine principles of EU privacy law. In two preregistered online experiments we investigated the effects of three common design nudges (default, aesthetic manipulation, obstruction) on users’ consent decisions and their perception of control over their personal data in these situations. In the first experiment (N = 228) we explored the effects of design nudges towards the privacy-unfriendly option (dark patterns). The experiment revealed that most participants agreed to all consent requests regardless of dark design nudges. Unexpectedly, despite generally low levels of perceived control, obstructing the privacy-friendly option led to more rather than less perceived control. In the second experiment (N = 255) we reversed the direction of the design nudges towards the privacy-friendly option, which we title “bright patterns”. This time the obstruction and default nudges swayed people effectively towards the privacy-friendly option, while the result regarding perceived control stayed the same compared to Experiment 1. Overall, our findings support the notion that the EU’s consent requirement for tracking cookies does not work as intended. Further, we give insights into why this might be the case and recommendations on how to address the issue.

Data protection and passenger name record in judicial criminal matters under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199492
Author(s):  
Catherine Van de Heyning
Keyword(s):  
United Kingdom ◽  
Data Protection ◽  
Personal Data ◽  
Cooperation Agreement ◽  
Judicial Cooperation ◽  
The United Kingdom ◽  
Record Data ◽  
Criminal Matters ◽  
The Impact ◽  
The Eu

The submission discusses the provisions in the EU–UK Trade and Cooperation Agreement on data protection as well as the consequences for the exchange of passenger name record data in the field of criminal and judicial cooperation. The author concludes that the impact of the Agreement will depend on the resolvement of the United Kingdom to uphold the standards of protection of personal data equivalent to the EU’s in order to reach an adequacy decision.

scholarly journals Artificial Intelligence in Biomedicine: A Legal Insight

BioTech ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 15
Author(s):  
Takis Vidalis
Keyword(s):  
Artificial Intelligence ◽  
Personal Data ◽  
Health Data ◽  
The Self ◽  
Data Handling ◽  
Direct Control ◽  
Eu Legislation ◽  
Attending Physicians ◽  
Self Learning ◽  
The Eu

The involvement of artificial intelligence in biomedicine promises better support for decision-making both in conventional and research medical practice. Yet two important issues emerge in relation to personal data handling, and the influence of AI on patient/doctor relationships. The development of AI algorithms presupposes extensive processing of big data in biobanks, for which procedures of compliance with data protection need to be ensured. This article addresses this problem in the framework of the EU legislation (GDPR) and explains the legal prerequisites pertinent to various categories of health data. Furthermore, the self-learning systems of AI may affect the fulfillment of medical duties, particularly if the attending physicians rely on unsupervised applications operating beyond their direct control. The article argues that the patient informed consent prerequisite plays a key role here, not only in conventional medical acts but also in clinical research procedures.

Payment Instruments, Financial Privacy and Online Purchases

2016 ◽  
Vol 15 (3) ◽  
Author(s):  
Yann Balgobin ◽  
David Bounie ◽  
Martin Quinn ◽  
Patrick Waelbroeck
Keyword(s):  
Monte Carlo ◽  
Markov Chain ◽  
Monte Carlo Model ◽  
Personal Data ◽  
Purchasing Decisions ◽  
Online Purchases ◽  
Econometric Methods ◽  
Internet Users ◽  
Payment Instruments ◽  
Financial Privacy

AbstractThe protection of financial personal data has become a major concern for Internet users in the digital economy. This paper investigates whether the consumers’ use of non-bank payment instruments that preserve financial privacy from banks and relatives may increase their online purchases. We analyze the purchasing decisions and the use of bank and non-bank payment instruments of a representative sample of French Internet consumers in 2015. Using two econometric methods, namely a two-step regression and a Bayesian Markov Chain Monte Carlo model to account for a potential endogeneity problem, we find evidence that the use of a non-bank payment instrument positively influences consumers’ online purchases.

Unrealistic Optimism and Perceived Control: Role of Personal Competence

2002 ◽  
Vol 91 (2) ◽  
pp. 431-435 ◽  
Author(s):  
Jordi Fernández-Castro ◽  
Joaquim T. Limonero ◽  
Tatiana Rovira ◽  
Samanta Albaina
Keyword(s):  
University Students ◽  
Perceived Control ◽  
Emotional Valence ◽  
Theoretical Development ◽  
Unrealistic Optimism ◽  
Best Friend ◽  
Perception Of Control ◽  
Different Types ◽  
Future Events

This work analyzed the effects of unrealistic optimism in the interaction between the emotional valence of future events, the perception of control over these events, and the person with whom one compares oneself. It was hypothesized that, if the person of comparison is judged as very competent, a pessimistic bias should be produced. Likelihood of four different types of events (positive and controllable, positive and uncontrollable, negative and controllable, and negative and uncontrollable) were rated by 133 university students (22 men and 111 women) for themselves, for an average student, for their best friend, and for a bright friend. A pessimistic bias was observed on the relative likelihood of the events when the comparison was made between oneself and a competent and bright friend, when events were perceived as controllable, especially positive ones. Not enough is known, however, to provide meaningful interpretation at present; that must await further data and theoretical development.

scholarly journals The EU General Data Protection Regulation (GDPR)

2020 ◽  
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Privacy Regulation ◽  
General Data Protection Regulation ◽  
Data Protection Directive ◽  
Ongoing Work ◽  
Protection Legislation ◽  
Recent Reform ◽  
General Data ◽  
The Eu

This new book provides an article-by-article commentary on the new EU General Data Protection Regulation. Adopted in April 2016 and applicable from May 2018, the GDPR is the centrepiece of the recent reform of the EU regulatory framework for protection of personal data. It replaces the 1995 EU Data Protection Directive and has become the most significant piece of data protection legislation anywhere in the world. This book is edited by three leading authorities and written by a team of expert specialists in the field from around the EU and representing different sectors (including academia, the EU institutions, data protection authorities, and the private sector), thus providing a pan-European analysis of the GDPR. It examines each article of the GDPR in sequential order and explains how its provisions work, thus allowing the reader to easily and quickly elucidate the meaning of individual articles. An introductory chapter provides an overview of the background to the GDPR and its place in the greater structure of EU law and human rights law. Account is also taken of closely linked legal instruments, such as the Directive on Data Protection and Law Enforcement that was adopted concurrently with the GDPR, and of the ongoing work on the proposed new E-Privacy Regulation.

scholarly journals The Brazilian Law on Personal Data Protection

2020 ◽  
Vol 12 (6) ◽  
pp. 15-25
Author(s):  
Jonatas S. de Souza ◽  
Jair M. Abe ◽  
Luiz A. de Lima ◽  
Nilson A. de Souza
Keyword(s):  
Technological Change ◽  
Data Protection ◽  
Personal Data ◽  
Major Change ◽  
Personal Data Protection ◽  
Brazilian Society ◽  
General Law ◽  
Internet Users ◽  
The Subject ◽  
New Challenges

Rapid technological change and globalization have created new challenges when it comes to the protection and processing of personal data. In 2018, Brazil presented a new law that has the proposal to inform how personal data should be collected and treated, to guarantee the security and integrity of the data holder. The General Law Data Protection - LGPD, was sanctioned on September 18th, 2020. Now, the citizen is the owner of his personal data, which means that he has rights over this information and can demand transparency from companies regarding its collection, storage, and use. This is a major change and, therefore, extremely important that everyone understands their role within LGPD. The purpose of this paper is to emphasize the principles of the General Law on Personal Data Protection, informing real cases of leakage of personal data and thus obtaining an understanding of the importance of gains that meet the interests of Internet users on the subject and its benefits to the entire Brazilian society.

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