A bit more pragmatism regarding user interfaces and “dark patterns”? According to a German court, a colour difference for accept/reject buttons is not (always) a dark pattern that deprives data subjects of agency. It’s not the first time this has been said, but to see it explicitly said in relation to Meta and a “blue” button versus another colour is important, for UI designers of any design philosophy and for controllers of all sizes.
It’s just two sentences in a long decision on many aspects, but two important ones:
“The fact that the �Allow all cookies� button is coloured blue does not constitute a violation of Art. 25 (2) GDPR (data protection-friendly default setting). This is not a �default setting�, but a common and permitted visual emphasis that does not affect the user’s active decision-making ability.” (machine translation – see para. 62 of the decision for the original in German)
In short: just because it’s a different colour, doesn’t mean it’s illegal. I have used similar arguments in the past before various authorities, and one client also highlighted the importance of contrast for accessibility purposes, for the visually impaired. Let’s not be absolutists but allow UI designers to think about ways to express the brand – just a difference in colour doesn’t mean a user cannot think any longer.
Red vs green is obviously a much more delicate assessment, but if you avoid that kind of scenario, what’s the fuss, really?
Great spot by Dr. Carlo Piltz!
data protection privacy ePrivacy
Decision (in German): https://lnkd.in/ebsxdrYB
(LG Passau, Endurteil v. 09.04.2024 � 4 O 260/23)
Did this analysis get you thinking? Reach out!
DataLaws.net is entirely open-access, and instead of getting your data in exchange for this content, how about another trade? If this commentary saved you research time or sparked an idea, feel free to invite me over for tea, chai or a hot chocolate next time you are around Brussels or Antwerp - or invite me over to your offices for a chat!
Get in touch ↗ Let's connect on LinkedIn ↗