Deceptive patterns are getting the boot – but will it stick?
The UK government has just announced new legislation to ban “deceptive patterns” online – those sneaky design tricks that nudge users into actions they might not have otherwise taken. You probably know them better by their older, edgier name: dark patterns. That phrase is falling out of favour now (and fair enough), but the behaviours it describes are still alive and well. From hidden fees to fake urgency messages to labyrinthine unsubscribe processes – the digital world is riddled with design that prioritises manipulation over clarity.
Now, in what feels like a long-overdue move, the government is cracking down on deceptive patterns. Under the new rules, practices like drip pricing (you know, the whole “£29.99 flight” that turns into £78.42 after you’ve added luggage, checked in, and looked at the seat map), fake reviews, and misleading scarcity messages are officially off-limits. The idea is to make online shopping and service use more transparent, trustworthy, and – dare we say – user-friendly.
All good news so far. But (and you knew there’d be a “but”)… will it actually work?
What does this mean for businesses?
For most businesses doing things above board, not much. If you’re designing with users in mind – clearly showing pricing, not faking social proof, and not making it feel like you need a PhD to cancel a subscription – then you’re already ahead of the curve. This is more a shake-up for the less scrupulous end of the market.
But even for the good guys, it’s a reminder: ethical design isn’t just the right thing to do, it’s now a legal requirement. And that means making accessibility, honesty, and clarity non-negotiable parts of your design process.
The real questions…
Legislation is one thing. Enforcement is another beast entirely. So let’s talk about the real elephants in the room:
1. How will this be policed? Will enforcement have any teeth?
This is where things start to get murky. The Competition and Markets Authority (CMA) has been given new powers to fine companies directly – up to 10% of global turnover in serious cases. That sounds significant. But the question is, will they use those powers effectively, and consistently?
The CMA isn’t exactly flush with endless resources, and with thousands of digital products operating in the UK market, enforcement is going to be a mammoth task. Unless there’s proactive monitoring – or high-profile whistleblowing – a lot of offenders could easily fly under the radar.
2. Will businesses who knowingly use deceptive patterns actually care?
For some, probably not. Especially those operating on razor-thin margins or prioritising short-term growth over long-term trust. If a deceptive checkout flow increases conversions by 8%, and the worst-case scenario is a small slap on the wrist two years down the line – well, you can guess what some businesses will choose.
Deceptive design isn’t always an accident. It’s often a deliberate, A/B-tested choice. And old habits die hard, especially when they’re profitable.
3. Will fines or PR fallout be enough to change behaviour?
That’s the million-pound question. The hope is that reputational risk will scare brands straight. No one wants to be dragged through the headlines for ripping off customers or faking demand. And for big brands, public trust is valuable.
But for others, especially smaller operations or international businesses not culturally tethered to UK regulation, fines might just become the “cost of doing business”. We’ve seen it before: brands calculate the potential revenue vs. the fine and just accept the penalty as a line item in the budget.
So what now?
As always, the best defence against deceptive design isn’t just legislation – it’s design ethics baked into your process. That means:
- User testing your flows and listening when people tell you something feels off
- Being transparent in pricing, options, and data usage
- Avoiding manipulation, even if it performs better in the short term
And yes, sometimes it means pushing back on the business when they say, “But the other version converts more.” Good UX isn’t just about making things usable – it’s about making them honest.
The legislation is a step in the right direction, no doubt. But whether it changes the culture of deceptive design… well, we’ll be watching. Hopefully from a checkout page that doesn’t try to sneak in £6.99 for “optional premium processing”.
