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Dark Patterns after the GDPR: Scraping Consent Pop-ups and Demonstrating their Influence

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arxiv 2001.02479 v1 pith:P4DF3AG5 submitted 2020-01-08 cs.HC cs.CY

classification cs.HCcs.CY
keywords consentdesignsaffectchoicescmpsdarkdatafirst
verification ladder T0 review T1 audit T2 compute T3 formal

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New consent management platforms (CMPs) have been introduced to the web to conform with the EU's General Data Protection Regulation, particularly its requirements for consent when companies collect and process users' personal data. This work analyses how the most prevalent CMP designs affect people's consent choices. We scraped the designs of the five most popular CMPs on the top 10,000 websites in the UK (n=680). We found that dark patterns and implied consent are ubiquitous; only 11.8% meet the minimal requirements that we set based on European law. Second, we conducted a field experiment with 40 participants to investigate how the eight most common designs affect consent choices. We found that notification style (banner or barrier) has no effect; removing the opt-out button from the first page increases consent by 22--23 percentage points; and providing more granular controls on the first page decreases consent by 8--20 percentage points. This study provides an empirical basis for the necessary regulatory action to enforce the GDPR, in particular the possibility of focusing on the centralised, third-party CMP services as an effective way to increase compliance.

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Cited by 2 Pith papers

Reviewed papers in the Pith corpus that reference this work. Sorted by Pith novelty score. Full citation record

  1. "I will never pay for this" Perception of fairness and factors affecting behaviour on 'pay-or-ok' models

    cs.CY 2025-05 conditional novelty 6.0 of 10

    In four focus groups, 14 users mostly saw cookie paywalls as profit-driven, considered them unfair without a third option such as 'reject all', and were largely unwilling to pay even for exclusive content or low prices.

  2. Measuring Compliance of Consent Revocation on the Web

    cs.CR 2024-11 conditional novelty 6.0 of 10

    On many major websites, revoking consent takes more effort than accepting it, leftover tracking cookies remain, stored consent stays positive, and third-party ad companies are not told about the revocation.

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