Liability by Design? Dark Patterns as the New Frontier of Digital Risk

Abstract

Dark patterns—interface design techniques that manipulate user decisions—create specific risks in digital contracting, including vitiated consent, hidden costs, unintended enrollment, and frustrated cancellations. This paper reframes the issue through the lens of civil liability, combining with recent regulatory. It proposes suitable remedies and evidentiary standards: design-based liability, punitive and moral damages, nullity/inopposability of manipulated consent, dynamic burden of proof on providers, and prevention measures.