Dark patterns, or deceptive interfaces, are design techniques that manipulate users into making decisions they wouldn’t have made voluntarily. Ambiguous presentation of options, hidden fees, or trap-style forms: these practices may generate quick conversions, but they come with a high cost in the long run. Loss of trust, damage to reputation, legal risks under GDPR or CNIL: companies that abuse them eventually pay the price.
On the other hand, an ethical approach to UX can reconcile performance and transparency. By relying on interfaces that are clear, honest, and accessible, it is possible to optimize conversions while respecting the user. In this article, our HubSpot experts explain what dark patterns are, why they are problematic, and above all how to avoid them by adopting responsible design practices.
What Is a Dark Pattern?
Definition and Origins of the Dark Pattern
The term “dark pattern” was introduced in 2010 by Harry Brignull, a UX research designer. It refers to interface design practices that exploit cognitive biases or misleading phrasings to manipulate the user. The objective: maximize conversion or data collection, often at the expense of the user’s genuine intention.
Unlike ethical UX design, which aims to make the experience smooth and transparent, dark patterns introduce an asymmetry: the company gains in the short term, the user loses trust and control.
Common Examples
Dark patterns are everywhere in digital - from e‑commerce sites to mobile apps. Some of the most frequent include:
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Pre‑checked boxes: automatically adding an insurance or paid service to the cart.
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Hidden costs: additional fees only revealed at checkout.
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Forced continuity: a “free” subscription that’s difficult to cancel.
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Confirmshaming: offering an option that shames the user if they refuse (“No thanks, I don’t like saving”).
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The Roach Motel: sign up in one click, but unsubscribing is complex and discouraging.
The Risks Related to Dark Patterns
Impact on Trust and Reputation
In the short term, dark patterns can boost conversions or reduce churn. But in the long term, they degrade trust. A user who feels deceived will associate that experience with manipulation and may permanently abandon the brand. Negative reviews, word of mouth, and social media amplify the impact of abusive practices.
The Legal Framework: GDPR, CNIL, CJEU, FTC
Beyond user perception, dark patterns expose businesses to legal risks. In Europe, GDPR and CNIL recommendations prohibit biased consent (e.g., pre‑checked boxes or hidden “decline” buttons). The Court of Justice of the European Union has already ruled against these practices, notably in the Planet49 decision of 2019. In the United States, the FTC regularly penalizes platforms that exploit deceptive interfaces.
Result: heavy fines and obligations to comply.
Effect on Accessibility and Vulnerable Audiences
Dark patterns particularly penalize people with disabilities or vulnerable audiences. A poorly labeled button, a hidden option, or an anxiety‑inducing message can make the experience confusing or even inaccessible. This directly violates accessibility standards (WCAG, RGAA).
Moreover, a new international standard, WCAG 2.2 (published in October 2023), reinforces these requirements. It emphasizes control visibility, simplification of journeys, and accessibility of complex interactions. Companies ignoring these developments risk not only sanctions but also cutting themselves off from part of their user base.
Beyond legal risk, it’s a major ethical issue for brands that want to position themselves as inclusive and responsible.
Optimizing Conversion Without Manipulating
Ethical UX as a Performance Lever
We often associate digital performance with aggressive persuasion. Yet, experience shows dark patterns give at best a short‑term gain but destroy trust in the long run. A user who feels tricked will turn away from the brand, reduce engagement, and may even alert other consumers.
Conversely, ethical UX can become a true conversion engine. When journeys are clear, costs transparent, and choices respected, the user acts in full awareness. This autonomy strengthens satisfaction, loyalty, and referral rates.
An honest design therefore does not limit performance: it supports it by creating a durable and positive relationship between the business and its users. Brands like Patagonia or Decathlon show that clarity and ethics can go hand in hand with strong commercial results.
Best Practices for Responsible Design
Reconciling performance and respect relies on simple but powerful principles. In practice, this means:
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Clarity and transparency of choices: each option must be understandable at a glance. For example, make the “Decline cookies” button as visible as “Accept,” as recommended by CNIL.
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Visible costs and conditions: display fees, delays, or restrictions from the start, not only at the payment step.
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Accessible opt‑out options: no hidden or discouraging paths to unsubscribe or refuse a service.
On the design level, this translates into:
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Minimalist, readable design: prioritize information and limit distractions.
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Smooth navigation without obstruction: remove unnecessary steps for performing simple actions (e.g., canceling a subscription).
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Honest messaging: ban fictitious urgency (“only 1 left in stock”) or guilt‑tripping phrasing (“no thanks, I don’t like saving”).
In short, responsible design does not reduce conversion: it improves it by building a lasting relationship rooted in trust.
Balancing Business and User Interests
Why Ethics Is Not a Barrier but an Asset
One might think an ethical design limits commercial results, but the reverse is true. When users feel respected, they engage more willingly, recommend the brand, and come back more frequently. Ethics thus becomes a profitable investment: fewer cancellations, more loyalty, and stronger reputation.
Brands That Bet on Transparency and Win
Some companies have understood that trust is a competitive advantage.
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Apple regularly communicates about its privacy commitments, reinforcing its premium image.
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Patagonia and Decathlon build growth on transparency and education, avoiding any overpromise.
These examples show that a clear message and honest paths can become a strong differentiation argument, appreciated by increasingly demanding consumers.
The Role of the UX Designer: Advocating for the User While Achieving Business Goals
The UX designer often stands between two logics: the pursuit of commercial performance and defending the user’s experience. Their role is not to oppose these objectives but to reconcile them.
This involves:
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sounding alarms when a request crosses the manipulation line,
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proposing alternatives that favor both conversion and respect for the user,
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and reminding that customer satisfaction directly fuels business success.
In this sense, the UX designer is both the architect of trust and the facilitator of sustainable performance.
In Summary
Dark patterns are shortcuts that may seem effective in the short term but endanger trust, legal compliance, and a company’s reputation. Betting on ethical UX means choosing transparency and respect for the user while achieving conversion goals. In 2025, sustainable performance relies on clarity, accessibility, and responsibility.
Frequently Asked Questions
What Is a Dark Pattern in UX?
A dark pattern is a design technique that manipulates the user into performing an action they didn’t intend: subscribing to a service, sharing data, or buying a default service. These practices exploit cognitive biases (pressure, distraction, guilt) to force a decision.
Why Are Dark Patterns Problematic?
Because they harm trust and customer relationships. In the short term they may boost conversions, but over time they degrade reputation, cause churn, and expose the business to legal sanctions (GDPR, CNIL, CJEU, FTC).
How to Avoid Dark Patterns?
By adopting an ethical UX approach: clear journeys, visible costs, explicit consent, simple refusal options. Brands that prioritize transparency see their loyalty and referral rates increase.
Are Dark Patterns Illegal?
Some practices are explicitly banned, such as pre‑checked consent boxes (CJEU, Planet49 judgment, 2019) or hidden fees. Others are not always illegal yet but become punishable when they mislead users. In any case, they represent a major legal and reputational risk.
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