Understanding Dark Patterns in Digital Entertainment

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When it comes to digital entertainment, international companies often face the challenge of adapting features to comply with different jurisdictions' legal requirements. The use of countdown timers next to digital items offered “for sale,” as recently investigated by Netherlands Authority for Consumers and Markets (ACM), can create confusion for consumers, particularly children. The ACM identified this practice as a “dark pattern.” Generally, dark patterns are user interfaces that have been crafted to be unfair to consumers.

What is considered unfair can vary between countries. Children are often seen as a vulnerable group, warranting additional protections. The complexity of offers combined with countdown timers can make it difficult for children to fully understand what they are agreeing to, especially under time pressure.  Those companies who use countdown timers—whether with adults or children—should consider the truth (or falsity) of the timer and what it represents, and also whether its presentation is fair as executed.  There are usually not obvious answers, and developing a promotion using these features will benefit from a cross-functional review of the design execution.

In the digital entertainment industry, it's crucial for companies to prioritize transparency and fairness in their design choices to ensure a positive user experience for all consumers.  It is also helpful to see what has been approved or disapproved in other environments in order to make the most informed choices for you particular design.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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