UOKiK uses AI to combat dark patterns in e-commerce

What are dark patterns and why is UOKiK declaring war on them?

Dark patterns, or deceptive design patterns, are manipulative techniques used in the interfaces of websites and mobile apps. Their aim is to push users into actions they would not normally take - from buying an additional product or signing up to a newsletter to unknowingly taking out a paid subscription.

The Office of Competition and Consumer Protection (UOKiK) has been monitoring this problem for some time. As part of the project "Detecting and combating dark patterns using artificial intelligence”, launched in 2023 and funded by the European Union, UOKiK has created a dedicated tool based on artificial intelligence. It is intended to automatically identify manipulative elements on online shop websites.

As the President of UOKiK, Tomasz Chróstny, stressed, the digital market is developing much faster than traditional supervisory tools. The e-commerce sector already uses advanced technologies - including AI - without hesitation to find consumers' psychological weaknesses and design interfaces that exploit them. The authority's response is to fight with the same weapon: artificial intelligence, but this time on the consumer's side.

For businesses operating in e-commerce this means one thing - the era of using manipulative techniques in online retail with impunity is coming to an end. It is worth checking now whether the UX solutions used on your own websites breach consumer protection rules.

What practices does the new AI tool detect?

The tool created by UOKiK was trained on data obtained from analysing more than 300 websites in the e-commerce sector. The authority identified the most commonly used dark patterns and then used this information to train the artificial intelligence algorithms. In parallel, the source code of 100 websites was analysed, isolating the fragments responsible for manipulative interface elements.

The most commonly detected dark patterns include:

• False urgency - countdown timers and messages suggesting that a promotion is about to end or a product is almost sold out, when in reality this is not the case.
• Asymmetry in cancelling services - signing up for a subscription is very simple, but cancelling it is deliberately made difficult and hidden behind many steps.
• Visual manipulation of buttons - colourful, prominent "Buy", "Order" or "Add" buttons placed next to a barely visible "Cancel" or "Decline" option.
• Misleading option wording - phrasing descriptions so that the consumer is unsure what they are agreeing to and what stage of the purchasing process they are at.
• Free trial traps - free trials that automatically turn into paid subscriptions without clear notification to the user.

Each of these practices may constitute a breach of the Act on Competition and Consumer Protection, as well as the provisions of the EU Omnibus Directive and the Digital Services Act (DSA). Businesses using such solutions expose themselves to serious financial and reputational consequences.

Neuromarketing and advanced research in the service of consumer protection

The methodology UOKiK used to build the AI tool deserves particular attention. The authority did not limit itself to a simple analysis of code and page layouts. It carried out in-depth neuromarketing experiments that examined users' physical and emotional reactions to individual manipulative techniques.

The team of experts used three advanced research methods. The first was eye tracking, i.e. monitoring visual attention - making it possible to establish which interface elements the user notices first and which remain invisible to them. The second technique was facial tracking, used to analyse emotional reactions to specific marketing stimuli. The third method was electroencephalography (EEG), which measures brain activity in real time during interaction with a shop interface.

The research as a whole was supplemented with online surveys simulating real shopping scenarios. Thanks to this approach, UOKiK's AI tool does not rely solely on technical analysis - it also takes into account the behavioural and psychological perspective. This means the algorithm can recognise not only overt manipulation in the code, but also subtle design elements that in practice influence consumers' decisions.

It is also worth adding that UOKiK tested the capabilities of the GPT-4 model for detecting dark patterns. The results of these pilot tests were used to create the final tool, which combines analysis of page layouts, conclusions from neuromarketing research and source code verification.

What does this mean for e-commerce businesses and what sanctions do they face?

The introduction of the AI tool by UOKiK is a clear signal to the entire e-commerce industry in Poland. Automating the detection of dark patterns means the authority will be able to review significantly more websites than before - faster, more accurately and on a larger scale.

Businesses whose websites the AI tool identifies as using dark patterns can expect explanatory proceedings or proceedings concerning practices infringing the collective interests of consumers to be opened. Under the Act on Competition and Consumer Protection, UOKiK may impose a financial penalty of up to 10% of the business's turnover for the financial year preceding the decision.

In addition, the Digital Services Act (DSA), which applies across the European Union, expressly prohibits online platforms from using dark patterns. Breaches of these provisions may result in additional sanctions at EU level.

From a legal perspective, a proactive approach is key. Businesses should carry out a legal audit of their websites and apps now to identify potentially problematic interface elements. It is also worth updating terms and conditions, privacy policies and purchasing processes so that they are fully transparent and compliant with current legal requirements.

How to prepare your e-commerce business for the new reality? Practical tips

Regulatory changes and the technological supervisory tools mean that online shop owners should take concrete steps now. Here are the most important recommendations to help you avoid problems with UOKiK:

1. Carry out a UX and legal audit - commission an independent review of your shop's interface for dark patterns. Pay particular attention to the purchasing process, subscription mechanisms and the presentation of promotions.
2. Ensure symmetry of actions - if signing up for a service takes one click, cancelling should be just as simple. This is not only an ethical requirement, but increasingly a legal one.
3. Avoid false time limits - countdown timers to the end of a promotion that does not in fact end are a classic example of an unfair commercial practice.
4. Use clear button labels - options to decline or cancel should be as visible as the buttons encouraging a purchase.
5. Consult a lawyer - consumer protection regulations in the digital environment are changing dynamically. Professional legal advice will help you avoid costly mistakes.

The UOKiK initiative is not a one-off action, but part of a broader strategy to strengthen consumer protection in Poland. The AI tool is currently in the testing phase, but its full rollout is a matter of time. Businesses that adapt their practices in advance will not only avoid sanctions, but also build customer trust - which in the longer term translates into tangible business benefits.

Do you run an online shop and are unsure whether your website meets current legal requirements? Contact our firm - we will help you carry out a comprehensive legal audit of your e-commerce business, identify potential risks and implement compliant solutions. Do not wait for a UOKiK inspection - act proactively.