Informace o publikaci
Úprava manipulácie spotrebiteľa prostredníctvom temných vzorov v Európskom súbore „digitálnych“ regulácií
| Autoři | |
|---|---|
| Rok publikování | 2024 |
| Druh | Článek v odborném periodiku |
| Časopis / Zdroj | Pravnik |
| Fakulta / Pracoviště MU | |
| Citace | |
| www | Open access článku |
| Klíčová slova | dark patterns; artificial intelligence; consumer protection; Digital Markets Act; consumer manipulation |
| Popis | The article will focus on the issue of new forms of consumer manipulation that are made possible by the possibilities provided by new technologies that come between the consumer and the seller. Specifically, it concerns the phenomenon of dark patterns, or dark patterns, a way of manipulating the consumer through the deliberate modification of the web interface of an online marketplace service provider. This method of manipulation has taken on a new dimension in recent times, as the tools for this method of consumer manipulation have begun to be based on artificial intelligence. However, this does not mean that this is a new phenomenon or a possibility exclusively dependent on the use of artificial intelligence, since it can also be mediated by the 'simple' manipulation of the UX of the web interface in question to achieve a similar character. This duality of the technological approach to achieving the desired consumer response in a subliminal way has consequently caused a fragmentation of the regulation of the use of dark patterns, in particular between the two European regulations on which, among others, the article will focus - the Digital Services Act and the Artificial Intelligence Act. The article will first introduce the phenomenon of dark patterns and the ways in which they are created on web interfaces. The article will then introduce the regulation of the two regulations in question and describe the way in which they regulate, or under what conditions they allow, the use of dark patterns, and then compare their effectiveness in achieving the stated objective - that is, the protection of the consumer from manipulation. |