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Do Cognitive Biases and Dark Patterns Affect the Legality of Consent Under the GDPR?

Authors:
Joanna Taneva

Keywords: cognitive bias; consent; consent banners; GDPR; data protection

Abstract:
Cognitive biases are ever-present in the data subject’s decision-making in relation to consent to online tracking. However, the exploitation of cognitive biases via dark patterns can render the obtained consent illegal. This paper aims to combine a variety of legal sources in order to evaluate the legality of consent attained through consent banners. It further provides recommendations on how to resolve this issue in the form of: abolishing the presumption of rationality in data subjects; illustrating the need for more research into the extent to which cognitive biases affect the usability of consent; and normative recommendations for data protection authorities. The results from this study can aid web developers to strive towards designing compliant consent banners.

Pages: 88 to 94

Copyright: Copyright (c) IARIA, 2022

Publication date: October 16, 2022

Published in: conference

ISSN: 2162-2116

ISBN: 978-1-68558-007-0

Location: Lisbon, Portugal

Dates: from October 16, 2022 to October 20, 2022