DARK PATTERNS AT THE INTERSECTION OF DATA PROTECTION AND CONSUMER LAW: THE GERMAN REGULATORY APPROACH

• Authors: ÖZER Hasan
• Year of publication: 2026
• Type: Article in Periodical
• Description: Dark patterns, manipulative interface designs that steer users toward unintended decisions pose growing challenges at the intersection of data protection and consumer law. This paper examines the German regulatory approach to addressing dark patterns, focusing on how consumer-protection rules and data-protection principles interact in enforcement and adjudication. It analyses the role of the Digital Services Act and its national implementation through the Digitale-Dienste-Gesetz, alongside established instruments such as the Unfair Commercial Practices framework and the GDPR. Particular attention is paid to recent German case law and enforcement practices, which illustrate how courts and authorities navigate overlapping regulatory regimes. The paper argues that Germany’s combination of strong private enforcement and coordinated public oversight offers a pragmatic model for addressing manipulative design practices while broader EU initiatives, including the proposed Digital Fairness Act, remain under development.