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Data Protection Day 2024 – Deceptive Design Patterns

Data Protection Day will be celebrated internationally on 28th January.

A statement from the GRA follows below:

Its  aim is to raise awareness of the importance of privacy and data protection, particularly  in light of the ever-increasing challenges faced in our increasingly globalized and  digitised world. This year, the Gibraltar Regulatory Authority (the “GRA”), as the  Information Commissioner, has published an awareness-raising audio-visual,  highlighting key information relating to deceptive design patterns in online platform  interfaces (the “Video”).  

Deceptive design patterns are considered conniving interfaces and user journeys  implemented by online platforms. They may show up as tricky colour schemes,  frustrating mazes, sneaky designs, and confusing language. Online platforms use these  techniques to influence you into making unintended, unwilling and potentially harmful  decisions, often into a direction that benefits them more than it benefits you. 

The Video, accessible on the data protection section of the GRA’s website and social  media platforms, offers practical guidance to the public and organisations on how to  assess and avoid deceptive design patterns which so regularly influence users’ online  journeys. Deceptive design patterns may, for example, mislead individuals into making  unintended, unwilling, and potentially harmful decisions, which consequently hinder  their ability to effectively protect their personal data. 

The six categories of deceptive design patterns addressed within the Video result from  an interdisciplinary analysis of existing interfaces as explored by European Data  Protection Authorities and published guidelines. 

Further to this awareness raising initiative, over the coming weeks, the GRA will also  be reviewing the practices of local entities as part of an international initiative of the  Global Privacy Enforcement Network.  

By raising awareness, the GRA aims to empower the public against deceptive design  patterns, whilst the regulatory reviews and initiatives will focus on promoting  compliance and best practice locally, taking appropriate action where necessary. 

 

The GRA’s focus on deceptive design patterns is in keeping with current and emerging  risks identified by the international community of data protection and privacy  regulators.