A Juridicidade e a Regulamenta\c{c}\~ao dos Dark Patterns
- URL: http://arxiv.org/abs/2303.03888v2
- Date: Sat, 1 Jul 2023 19:56:42 GMT
- Title: A Juridicidade e a Regulamenta\c{c}\~ao dos Dark Patterns
- Authors: Heitor Ferreira Gonzaga
- Abstract summary: The work aims to address whether Dark Patterns are legal or illegal in the face of Brazilian data protection and consumer law.
Although some implementations are capable of producing damage and violating rights in some cases the mere declaration of the illegality of these techniques is an insufficient solution.
- Score: 0.0
- License: http://creativecommons.org/licenses/by/4.0/
- Abstract: The evolution of audiovisual computer interfaces was an important milestone
for the popularization of the internet without which it is impossible to
conceive the use of this technology in modern society However the progress of
these interfaces has not taken exclusively beneficial paths for humanity From
the beginning of the 21st century onwards an increase in interface design
patterns was observed that instead of facilitating navigation harmed users or
restricted their decisionmaking capabilities earning them the name of Dark
Patterns In view of this the present work aims to address whether Dark Patterns
are legal or illegal in the face of Brazilian data protection and consumer law
verifying in the absence of specific norms on Dark Patterns the best way to
regulate them The research method employed is qualitative analyzing research
court cases norms and national and foreign documents on Dark Patterns After
addressing its effects its legal development and establishing a definition
compatible with Brazilian law it was concluded that although some
implementations are capable of producing damage and violating rights in some
cases the mere declaration of the illegality of these techniques is an
insufficient solution requiring further investigations regarding the hypotheses
in which their negative impacts are less apparent or when they are used for
beneficial purposes among other unsolved problems Therefore it is suggested
that the regulation of Dark Patterns should occur through a system composed of
formal laws and regulations of public administration bodies through a
multidisciplinary approach that is adaptable to new findings and technologies
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