{"id":9087,"date":"2023-12-06T10:40:15","date_gmt":"2023-12-06T09:40:15","guid":{"rendered":"https:\/\/www.myagileprivacy.com\/sanctions-and-cookie-banners-are-european-supervisors-stepping-up-the-fight-against-dark-patterns-and-failure-to-block-them-in-advance\/"},"modified":"2026-03-16T15:19:05","modified_gmt":"2026-03-16T14:19:05","slug":"sanctions-and-cookie-banners-are-european-regulators-intensifying-efforts-against-dark-patterns-and-failure-to-implement-preemptive-blocking","status":"publish","type":"post","link":"https:\/\/www.myagileprivacy.com\/en\/sanctions-and-cookie-banners-are-european-regulators-intensifying-efforts-against-dark-patterns-and-failure-to-implement-preemptive-blocking\/","title":{"rendered":"Sanctions and Cookie Banners: Are European Regulators Intensifying Efforts Against Dark Patterns and Failure to Implement Preemptive Blocking?"},"content":{"rendered":"

In recent times, European Data Protection Authorities have increased their scrutiny of website owners, particularly regarding cookie banners and frequent non-compliance.
\nA notable case is the Spanish Data Protection Authority, which, in Order EXP202211953 of November 2023<\/a>, issued a \u20ac12,000 fine for using \"dark patterns,\" lacking an adequate cookie policy, and failing to block cookies in advance<\/strong>.
\nSimilarly, Italy\u2019s Garante della Privacy has warned against non-compliant tactics, including the use of dark patterns in cookie banners.
\nWe discussed these issues in this article<\/a> on the Cookie Consent Registry and Cookie Banners.
\nThese improper practices are designed to bypass regulations and often pressure users into sharing more personal data than intended, typically by making it harder to say no to cookies. Such tactics undermine the validity of consent and raise the risk of non-compliance.
\nThis creates an increasing risk of penalties for businesses of all sizes<\/strong>. Even those who relied on uninformed vendors\u2014or knowingly used these non-compliant approaches\u2014are at risk of serious repercussions.<\/p>\n

Dark Patterns: A Serious and Widespread Issue<\/h2>\n

It is well established that dark pattern practices are non-compliant, serious, and punishable violations<\/strong>.<\/p>\n

What exactly is a \"dark pattern\"?<\/h3>\n

Dark patterns are user interface designs that manipulate behavior and influence decisions<\/strong> as people interact with websites, apps, or social networks. These techniques frequently lead users to provide consent or personal data without truly viable alternatives, often violating legal standards.
\nPut simply, a pre-checked \u201caccept\u201d box with no other option is a classic dark pattern.
\nAccording to the guidelines, dark patterns can be grouped into several categories:<\/p>\n