From Amazon to Tiktok to Temu: Manipulative designs remain a problem

• vzbv report: All social media platforms and online marketplaces analysed use manipulative designs
• The DSA provisions must be enforced consistently
• vzbv calls for general rules addressing harmful design practices in the Digital Fairness Act

Amazon, TikTok or Temu: all of the analysed social media platforms and online marketplaces use manipulative designs despite the existing ban on such designs. This is the result ofa study carried out by the Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband – vzbv) which examined 18 provider apps. vzbv calls for the European Commission and the German Federal Network Agency as the German Digital Services Coordinator to enforce the existing provisions of the Digital Services Act (DSA). The European Commission must use the Digital Fairness Act (DFA) to further regulate harmful design practices.

„Despite a full ban in the Digital Services Act, platform providers continue to use manipulative and harmful designs in their apps. In recent years, it was possible to stop some of this manipulation, for example through cease and desist letters that vzbv sent to Temu and Shein. Companies that have used non-compliant cookie banners have also repeatedly received written warnings. But that alone is not enough. The competent authorities must now consistently enforce existing legislation. Otherwise the Digital Services Act will remain a toothless tiger – to the detriment of consumers”, says Jutta Gurkmann, Director Consumer Policy at vzbv. 

„We need clear rules – including in horizontal consumer law – to ensure digital fairness and push back against harmful design practices on the internet. After all, manipulative designs are not only found on platforms but also on other online services such as retailer websites or in apps. The European Commission must use the upcoming Digital Fairness Act to ensure real fairness in the online world”, says Gurkmann. 

Extend the ban on dark patterns

vzbv calls for a general ban on manipulation, the addition of specific bans in the blacklist of the EU Unfair Commercial Practices Directive and more due diligence obligations. For example, websites and apps should have default setting that neither manipulate consumers nor stand in their way (fairness by design and by default).

Manipulative designs can harm consumers 

From vzbv’s point of view, it is particularly problematic when designs are used that encourage consumers to make impulsive decisions, causing them to spend more money or disclose more personal data. Digital elements that may increase the time spent on the platform are not acceptable. These practices are called hyper-engaging dark patterns (HEDP). They include, for example, intrusive notifications, mechanisms such as autoplay or the use of gamification and gambling elements. Such mechanisms can foster addictive behaviour and have a long-term negative impact on the mental health of consumers. The study shows that the investigated providers use hyper-engaging dark patterns. 

Consumers can report their experiences

Consumers can report negative experiences with manipulative designs on online platforms to the German Consumer Associations here.

Experiences with online platforms such as Amazon, eBay, Kaufland.de, Otto.de, Wish, Temu or Shein can be reported here.

Background

The Digital Services Act (DSA) (Art. 25) prohibits the design of online interfaces on online platforms in ways that distort or impair the ability of consumers to make a free and informed decision. It is vzbv’s understanding that this also applies to hyper-engaging dark patterns (HEDP).

Method

vzbv analysed the use of manipulative designs by 18 selected providers of social media platforms and online marketplaces. These were AliExpress, Amazon, Ebay, Facebook, Instagram, Kaufland, LinkedIn, Mediamarkt, Otto, Pinterest, Shein, Snapchat, Temu, TikTok, X, Wish, YouTube und Zalando.

A qualitative analysis was carried out to investigate the extent to which manipulative design elements are used on the above-mentioned platforms. vzbv reviewed the available information in the providers’ Android apps. A previously developed category system aligned with the legal requirements was the basis for the evaluation. vzbv carried out its analysis between 21 October und 4 December 2024