Regulating Deceptive Design: A Comparative Analysis of U.S. and EU Laws on Dark Patterns

Abstract

With the expansion of digital interactions, users are increasingly subject to dark patterns—interface designs intended to manipulate decision-making. Regulatory responses from the European Union (EU) and the United States (US) aim to mitigate these practices, yet protections remain inconsistent across jurisdictions. Despite growing concern, there is limited research comparing how EU and US regulations approach dark patterns. This paper conducts a thematic analysis and word frequency test of relevant regulations, finding that EU frameworks insufficiently address specific technological risks and lack extended safeguards for vulnerable groups. In contrast, US regulations fall short in governing gatekeepers’ use of manipulative designs and lack robust oversight of artificial intelligence (AI) systems. The paper concludes with recommendations, including expanding protections for vulnerable users in the EU and strengthening gatekeeper and AI-related provisions in the US.