How to recognize it in the interface
01
You cannot continue unless you agree.
02
The decline button is faded.
Not this pattern: asking for consent with an equally easy way to say no and still use the service.
Same moment, different copy (illustrative example)
Before
To continue, allow us to use your chats for training. [Agree]
Shows the pattern
After
Can we use your chats to improve the model? [Yes] [No] The service works the same either way.
The fair alternative
Design guideline
Accept and decline are equally clear.
Do
Accept and decline are equally clear.
Don’t
Don’t make the service depend on data consent.
Sources
01
European Union, 2016. General Data Protection Regulation, Regulation (EU) 2016/679, Article 7(4) (conditions for consent). eur-lex.europa.eu ↗
02
European Data Protection Board, 2020. Guidelines 05/2020 on consent under Regulation 2016/679. edpb.europa.eu ↗
03
Nouwens et al., 2020. Dark Patterns after the GDPR: Scraping Consent Pop-ups and Demonstrating their Influence. CHI 2020. arXiv:2001.02479 ↗