• The Office of Competition and Consumer Protection in Poland took part in the annual International Consumer Protection and Enforcement Network (ICPEN).
• Sweep which took place between January 29 and February 2, 2024, together with 26 other consumer protection enforcement authorities.
• For the first time, the ICPEN sweep was coordinated with the Global Privacy Enforcement Network (GPEN).

The global internet sweep that examined the websites and mobile apps of 642 traders has found that 75,7% of them employed at least one dark pattern, and 66,8% of them employed two or more dark patterns. Specifically, of the 10 traders swept by UOKiK, 50% of them utilized at least one dark pattern.

Dark patterns are defined as practices commonly found in online user interfaces and that steer, deceive, coerce, or manipulate consumers into making choices that often are not in their best interests.

Sweepers evaluated the sites and apps based on six indicators identified by the Organisation for Economic Co-operation and Development (OECD), as being characteristic of dark commercial patterns.

The sweepers of the UOKiK found that potential preselection practices, such as default selection of one of the possible options in the offer, e.g. the most expensive one, which would not be the most advantageous for the consumer, and marking it as the most frequently chosen one (social proof), were encountered especially frequent during the sweep.

Both ICPEN and GPEN, who are working together to improve consumer and privacy protection for individuals around the world, published reports today outlining their findings. The ICPEN and GPEN reports can be found on their respective websites.

Artificial intelligence in service of consumers

In the area of combating dark patterns, the UOKiK is, among other things, implementing a project that, will detect and combat dark patterns using artificial intelligence. As a result of its implementation, a tool based on artificial intelligence will be created to help detect unfair practices used by businesses against consumers. The project also includes a White Paper in which the Office presents how artificial intelligence can be used to protect consumer rights and improve enforcement (available here). The project is co-financed by the European Union.

Consumer protection in a global market

Since 1996, the UOKiK has been part of the International Consumer Protection and Enforcement Network [ICPEN], which now includes more than 70 countries. In July 2024, Poland completed its one-year presidency of the network.

About ICPEN and GPEN

ICPEN is an organisation of over 70 consumer protection law enforcement authorities, which provides a forum for regular exchanges between consumer protection agencies and encourage cross-border cooperation to provide greater consumer protection across the globe.

GPEN is an informal network of over 80 privacy enforcement authorities, which aims to foster cross-border cooperation across privacy regulators and strengthen personal privacy protections in an increasingly global market.