FEDMA answers to the EDPB consultation on dark patterns in social media

Following the publication by the European Data Protection Board (EDPB) of the draft Guidelines on dark patterns in social media platform interfaces in March 2021, FEDMA took part in the EDPB public consultation, calling for:

  1. A clarification over the interplay between the EDPB draft guidelines and other existing legislations on the issue of dark patterns, including:
    • the recently published Commission Guidance on the interpretation and application of the Unfair Commercial Practices Directive (UCPD).
    • The forthcoming Digital Services Act (DSA) which is also expected to include provisions related to the regulation of dark patterns
  1. Enhanced cooperation between consumer and GDPR authorities to avoid contradictory precedents
  2. A clarification over the scope of the guidelines, especially the definition of social media platforms.
  3. Refraining from extending these guidelines to current balanced marketing practices outside social media, such as in the management of:
    • Suppression lists (e.g. Do Not Call Me Register)
    • Your AdChoices Icon
  1. Curbing the excessive length of the guidelines while providing expected outcomes and checklists for organisations.

Read the full FEDMA answer here