Dark Patterns.
Dark patterns (also called deceptive patterns) are design patterns in websites and apps that deliberately push people towards decisions they would not make if things were presented clearly, such as a subscription, sharing more data or giving up on cancelling. They exploit inattention, time pressure or a guilty conscience.
Dark Patterns — Explained in Detail
The term was coined in 2010 by the British UX designer Harry Brignull, who collected and named typical patterns; he now prefers to speak of deceptive patterns. It does not mean accidental bad design, but design that deliberately works against users' interests. The difference from legitimate persuasion lies in whether the decision remains informed and free.
Well-known patterns include: the hidden cancellation, where a subscription is taken out with one click but can only be ended through many steps; pre-ticked extras in the cart; artificial scarcity such as 'Only 2 left' with no real link to stock; fake countdowns; confirmshaming, where declining is worded to shame ('No thanks, I prefer to pay more'); hidden costs that only appear at the last step; and cookie banners where 'Accept all' glows while 'Reject' is hidden behind a second layer.
Legally, the situation has tightened. In the EU, Article 25 of the Digital Services Act prohibits providers of online platforms from designing their interfaces in a way that deceives, manipulates or materially impairs users' ability to make free decisions. Consumer protection and data protection law also apply, for example when consent is forced through design. Switzerland has no specific dark-pattern law; the Unfair Competition Act (UWG), for instance in the case of misleading statements, and the Data Protection Act may be relevant. This is a general overview, not legal advice; in individual cases a specialist should assess it.
Regardless of the law, dark patterns are bad business for companies that live on trust. They may improve a number in the short term, such as the sign-up rate, but they produce chargebacks, complaints, poor reviews and customers who leave at the first opportunity. For an SME that lives on recommendations and repeat customers, a clear, honest interface is the more sustainable path to a good conversion rate. How we put that into practice is described on the page conversion rate optimisation.
Persuading or manipulating: where the line is
It is legitimate to highlight the benefits of an offer, mark a recommended plan, state real availability or real deadlines and visually emphasise a primary action. The line is crossed when information is false, important conditions are hidden, declining is deliberately made harder than agreeing or pressure is created with invented signals.
A helpful test question is: would the person make the same decision if they saw all the information equally clearly? And would they feel deceived after buying? Anyone who can answer yes and no respectively is on the safe side. Good microcopy helps to state benefits clearly without pushing.
Example: an honest subscription checkout
An example: a coffee roaster sells beans on subscription through its online shop. The first version of the checkout sets the subscription as the default, mentions the notice period only in the terms and conditions and hides cancellation in the customer account. The revision offers one-off purchase and subscription as equals, shows the delivery rhythm and price per delivery right at the button, states that cancellation is possible 'at any time in your customer account with one click', and implements exactly that.
Fewer first-time buyers end up in a subscription by accident; in return, questions and chargebacks fall, and subscribers stay because they want to. We design flows like these for shops through our e-commerce agency and in every interface our UX agency looks after.
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Cookie BannerFrequently Asked Questions About Dark Patterns
Switzerland has no dedicated ban like the EU Digital Services Act. Depending on the pattern, however, the Unfair Competition Act (UWG), for instance in the case of misleading statements, or the Data Protection Act may apply. Anyone who also serves customers in the EU should observe EU law as well. In individual cases the question belongs with a specialist.
No. Emphasising a primary action visually is normal design. It becomes problematic when the alternative is deliberately hidden, made illegible or worded to shame, for example when rejecting cookies or cancelling a subscription.
Sometimes in a single metric in the short term. In the long term they often lead to chargebacks, complaints, poor reviews and customers who leave. For companies that live on trust and recommendations, the drawbacks outweigh the benefits.
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