Dark Commercial Patterns Back on the Agenda: Advertising Board's New Press Release

On 10 September 2024, the Advertising Board (Board) convened to evaluate numerous advertisements and commercial practices that are deceptive and misleading to consumers.

The primary focus of the meeting was on “Dark (Commercial) Patterns”. Dark Patterns are defined as manipulative and unethical design strategies that lead consumers to make unconscious decisions.

These practices are currently under scrutiny by regulatory authorities. In fact, a protocol was recently signed between the Personal Data Protection Authority and the General Directorate of Consumer Protection and Market Surveillance to address Dark Patterns. The institutions announced their commitment to monitoring these designs to protect consumers and ensure the legitimate use of data. Please see our September TFP on this topic here.

As anticipated, following this collaboration with the Directorate General, the primary focus of this month's Advertising Board meeting was on Dark Patterns. In this context, the Board highlighted several critical points in its decisions and publicly shared its assessments and evaluations regarding Dark Patterns.

– It is mandatory to provide payment method information to access the “free trial” opportunity. However, consumers often seek a trial period because they are unsure about committing to a subscription. This requirement forces consumers to take an action they may not be willing to take, which is unfair;

– Notifications such as “...person favorited”, “... person's basket” etc. negatively influence consumers' will to make a decision or choice;

– Making the colors of the area or button that the consumer is directed to more eye-catching and prominent is also a form of manipulation;

– Although the updated subscription agreement explicitly includes the word “accept,” the consumer is not given the opportunity to “reject” the offer. The “Continue” option is more prominently designed than the “X” sign, exemplifying the use of Dark Patterns.

The Board also evaluated the recent emphasis on “popularity” in advertisements and promotions. It concluded that if phrases such as “most popular” and “most preferred” are highlighted in relation to subscription packages, the specific metrics behind these claims (such as the number of purchases, clicks, or additions to the basket) should be clearly and explicitly stated.

In line with the above-mentioned practices, the Board concluded that the deceptive and misleading company practices are Dark Patterns and imposed administrative sanctions.

You can reach the related press release here (only available in Turkish).