Language, buttons, clicks: how TikTok, Meta, Amazon and Co. manipulate users

• All the platforms tested use manipulative designs to create comprehensive user profiles 

• As of 7 March 2024, large tech companies must comply with the provisions of the Digital Markets Act 

• vzbv: The European Commission must consistently enforce the ban on manipulative designs as stipulated by the Digital Markets Act 

Despite EU laws, gatekeepers try to manipulate their users on websites and apps. This is the finding of a current evaluation by the Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband e.V. – vzbv). In vzbv’s view, manipulative designs steer users to, among other things, consent to the combining of the greatest possible amount of personal data. Under EU law, this practice has been banned since 7 March 2024. In the interest of consumers, the European Commission must now consistently enforce all provisions of the Digital Markets Act (DMA) and impose fines if violations continue. 

“Gatekeepers such as Meta, Amazon, TikTok, and Google disregard European legislation for digital markets. All the platforms tested continue to use manipulative designs to obtain more data,” Ramona Pop says. The service providers aim to combine as much data as possible to create profiles.  

“In their role as gatekeepers, Google, Meta, and Amazon have an influence on what people in Germany consume. When platforms use this influence to their advantage, it has a negative impact on competition. The European Commission must take decisive action when existing laws are violated. They should launch additional investigations, as is already the case concerning Alphabet, Apple, and Meta.” 

All the gatekeepers tested made it difficult for users to withdraw consent to the combining of data from various services once consent had been given. The platforms all use manipulative designs to obtain consent, for example via design of the user interface, the wording used, or the effort required to customise settings for the combining of data. For example, TikTok (ByteDance) plays on users’ fears that the service may no longer be free of charge if users do not consent to the combining of data. Meta suggests in various services that consent to the combining of data is merely a question of user experience. Users who decline consent may face disadvantages. In certain cases, users can then use only a limited version of the services tested.  

At the same time, the majority of consumers (79 percent) believe that companies should not be allowed to design websites in such a way as to influence users’ decisions. Seven out of ten persons surveyed (70 percent) agree that, as a rule, companies should not be allowed to merge data into profiles in order to create personalised ads. The finding is from a representative forsa survey for vzbv’s Consumer Report 2024.  

“The current laws do not go far enough. All forms of manipulative design must be prohibited. They are insufficiently regulated on webshops and websites, for example,” Ramona Pop says. “The new European Commission should use the Digital Fairness Initiative to tackle this issue. Consumers do not want to be manipulated.” 

Another provision of the DMA is that gatekeepers are no longer permitted to bundle core platform services with other services of the same gatekeeper. In the investigation, Facebook Marketplace offered a particularly striking example of this practice. In vzbv’s view, the service cannot be used in any meaningful sense without being logged into a Facebook account. For example, without a Facebook account users cannot contact sellers or create their own listings. Although Marketplace was designated as a core platform service and is thus subject to the ban on bundling services, Meta offers no option for full use of the service without a Facebook account. 

As of 7 March 2024, the DMA applies to six large digital platforms known as gatekeepers, which together operate 22 core platform services. These include, for example, Alphabet with its Google Search and YouTube services, Amazon with Amazon Marketplace, Apple with iOS and Safari, ByteDance with TikTok, Meta with Facebook and Messenger, and Microsoft with LinkedIn. 

Market test: Following an initial compliance assessment on 7 March 2024 vzbv took another close look at how the gatekeepers were complying with the rules from 16 May to 26 June 2024. vzbv examined compliance with Article 5 (2) (combining data) and (8) DMA (ban on bundling services). Selected services from all six gatekeepers (Alphabet, Amazon, Apple, ByteDance, Meta, Microsoft) were examined with respect to Article 5 (2), and selected services from Alphabet, Apple, Meta, and Microsoft with respect to Article 5 (8). 

vzbv carried out the evaluation based on information on the respective service providers’ websites or apps. For this purpose vzbv used a Samsung Galaxy S23 and a Google Pixel 8 smartphone, both with Android 14, as well as an Apple iPhone SE with iOS 17.5.1. The devices were restored to their factory settings for the tests. The results were assessed using a system of pre-established categories based on the relevant legislation. 

Consumer survey: For the Consumer Report 2024, forsa carried out a representative telephone survey of 1,500 persons (CATI, dual frame) on behalf of vzbv. All German-speaking persons aged 14 and over in private households in Germany were eligible. The data for the current Consumer Report was recorded from 11 to 28 March 2024. Statistical error tolerance: ± 3 percentage points in the total sample.