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COMMISSION NOTICE – Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market · European Union

As explained above, any manipulative practice that materially distorts or is likely to distort the economic behaviour of an average or vulnerable consumer could breach the trader’s professional diligence requirements (Article 5), amount to a misleading practice (Articles 6-7) or an aggressive practice (Articles 8-9), depending on the specific dark pattern applied. The UCPD does not require intention for the deployment of the dark pattern. The standard of professional diligence in Article 5 UCPD in the area of interface design may include principles derived from international standards and codes of conduct for ethical design. As a general principle under the requirements of professional diligence in Article 5 UCPD, traders should take appropriate measures to ensure that the design of their interface does not distort the transactional decisions of consumers.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.