The EU ePrivacy Directive requires consent before using cookies or other tracking technologies, while the EU General Data Protection Regulation (“GDPR”) sets high-level and principle-based requirements for such consent to be valid. However, the translation of such requirements into concrete design interfaces for consent banners is far from straightforward. This situation has given rise to the use of manipulative tactics in user experience (“UX”), commonly known as dark patterns, which influence users’ decision-making and may violate the GDPR requirements for valid consent. To address this problem, EU regulators aim to interpret GDPR requirements and to limit the design space of consent banners within their guidelines. Academic researchers from various disciplines address the same problem by performing user studies to evaluate the impact of design and dark patterns on users’ decision making. Regrettably, the guidelines and user studies rarely impact each other. In this Essay, we collected and analyzed seventeen official guidelines issued by EU regulators and the EU Data Protection Board (“EDPB”), as well as eleven consent-focused empirical user studies which we thoroughly studied from a User Interface (“UI”) design perspective. We identified numerous gaps between consent banner designs recommended by regulators and those evaluated in user studies. By doing so, we contribute to both the regulatory discourse and future user studies. We pinpoint EU regulatory inconsistencies and provide actionable recommendations for regulators. For academic scholars, we synthesize insights on design elements discussed by regulators requiring further user study evaluations. Finally, we recommend that EDPB and EU regulators, alongside usability, Human-Computer Interaction (“HCI”), and design researchers, engage in transdisciplinary dialogue in order to close the gap between EU guidelines and user studies.
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EU Cyber Resilience Act: Socio-Technical and Research Challenges (Dagstuhl Seminar 24112)
This report documents the program and the outcomes of Dagstuhl Seminar "EU Cyber Resilience Act: Socio-Technical and Research Challenges" (24112). This timely seminar brought together experts in computer science, tech policy, and economics, as well as industry stakeholders, national agencies, and regulators to identify new research challenges posed by the EU Cyber Resilience Act (CRA), a new EU regulation that aims to set essential cybersecurity requirements for digital products to be permissible in the EU market. The seminar focused on analyzing the proposed text and standards for identifying obstacles in standardization, developer practices, user awareness, and software analysis methods for easing adoption, certification, and enforcement. Seminar participants noted the complexity of designing meaningful cybersecurity regulations and of aligning regulatory requirements with technological advancements, market trends, and vendor incentives, referencing past challenges with GDPR and COPPA adoption and compliance. The seminar also emphasized the importance of regulators, marketplaces, and both mobile and IoT platforms in eliminating malicious and deceptive actors from the market, and promoting transparent security practices from vendors and their software supply chain. The seminar showed the need for multi-disciplinary and collaborative efforts to support the CRA’s successful implementation and enhance cybersecurity across the EU.
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- Award ID(s):
- 2217771
- PAR ID:
- 10545908
- Publisher / Repository:
- Dagstuhl Reports
- Date Published:
- Volume:
- 14
- Issue:
- 3
- Page Range / eLocation ID:
- 52-74
- Format(s):
- Medium: X
- Sponsoring Org:
- National Science Foundation
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