Opinion

Dark patterns – the dark side of cookies

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Published: November 16th, 2022,
Last updated: May 28th, 2025

By Stephanie Richter and Patrick Zurheide
Stephanie Richter und Dr. Patrick Zurheide von Taylor Wessing
Stephanie Richter and Patrick Zurheide work at Taylor Wessing in the Technology, Media & Telecoms practice area.

Until now, the qualification of what is to be assessed as a dark pattern and what is still permissible – especially under the GDPR – in terms of the linguistic, structural and visual representation of cookie banners has been fraught with great uncertainty. The European Data Protection Board (EDPB) has now made a first contouring in March 2022 through its Guidelines 3/2022 on dark patterns in social media platform interfaces: How to recognize and avoid them (EDPB Guideline on dark patterns).

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