Dark patterns

Dark patterns are manipulative design patterns in websites and apps that trick you into unwanted actions – taking out a subscription, consenting to data use or unnecessary purchases.

Typical dark patterns in finance:

• Nagging: add-on insurance pushed on you during booking (pre-ticked checkbox)
• Roach motel: easy to sign up, almost impossible to cancel
• Confirmshaming: "No, I DON'T want to save money" as the rejection text
• Bait & switch: the desired product is no longer available, a more expensive one is offered
• Hidden costs: extra fees only in the last checkout step

Legal basis:

• §3 UWG (German Unfair Competition Act): ban on unfair commercial practices
• EU Digital Services Act (Art. 25): explicit ban on dark patterns since 2024
• Bamberg Higher Regional Court (Feb. 2025): "nagging" ruled a breach of the DSA and UWG for the first time
• From June 2026: specific ban for distance-selling of financial services (EU Directive 2023/2673)
• Fines: up to 4% of global annual turnover

How to protect yourself:

• Check pre-ticked boxes when buying online
• Read every step of the checkout process carefully
• Right of withdrawal: the 14 days also apply to contracts concluded through dark patterns
• Cancellation button: mandatory for all online contracts in Germany since 2022