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BaFin clarifies in a current information letter that securities services companies are not allowed to use dark patterns in trading apps or trading portals.
Dark patterns are when individual buttons in the decision-making environment of apps or websites have a significantly lower contrast, are grayed out or transparent compared to others, and are therefore less noticeable to users overall. This can tempt consumers not to fully perceive and weigh other courses of action.
The use of dark patterns in trading apps or trading portals is therefore misleading and dishonest and therefore inadmissible in connection with investment services or ancillary services pursuant to Section 63 ( 6 ) sentence 1 WpHG.
Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.
