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Ethical design: Persuasion, not deception
Journal of Digital & Social Media Marketing,
9
(2),
135-148
(2021)
Abstract
Companies are continuously developing and refining techniques to influence the online consumer. There is, however, a fine line between persuasion and deception. This article discusses the boundaries of online persuasion, drawing on the guidelines developed by the Netherlands Authority for Consumers and Markets. It describes the pitfalls associated with knowledge disparity between sellers and consumers, and argues that information asymmetry, cognitive biases and personalised communications can all impair the ability of consumers to make an informed choice. Using real-life examples, the article demonstrates how the design of online sales environments can go wrong. The article goes on to describe the benefits of ethical design, and provides guidance on how to make ethical design choices and use consumer data to test whether the design of an online environment is unfairly influencing consumers. Using these guidelines, marketing professionals can make thoughtful choices in the design of their online environment that will benefit both their company and its customers.
Keywords: cognitive biases; consumer protection; dark patterns; online marketing ethics; unfair commercial practices; fairness by design
The full article is available to subscribers to the journal.
Author's Biography
Jeanette R. Van Der Lee is a PhD student at Utrecht University and the Netherlands Authority for Consumers and Markets. Her current research focuses on the psychology of supervision, bringing together social psychological research and regulatory practice. She has a research master’s degree in social and organisational psychology from Leiden University.
Dries Cuijpers is a senior project manager for the Netherlands Authority for Consumers and Markets. A graduate in European and international law from Radboud University, he has more than 15 years’ experience as an enforcement officer, working for various regulators and in different sectors.
Mareille De Bloois is a project manager for the Netherlands Authority for Consumers and Markets ‘effective transparency’ project, which collaborates with businesses to increase the effectiveness of online disclosures. She studied social psychology at the University of Amsterdam and specialised in consumer behaviour. Her work is focused on integrating behavioural insights in ACM’s enforcement actions.
Jessanne Mastop is a senior behavioural scientist and coordinator of the Behavioural Insights Team at the Netherlands Authority for Consumers and Markets, where her work focuses on online consumer behaviour and organisational decision-making and compliance behaviour. She has a PhD on the interpersonal effects of non-verbal behaviour from Leiden University.
Winnie Van Heesch is a senior enforcement official and strategy adviser for consumer protection at the Netherlands Authority for Consumers and Markets. A graduate in political science from the University of Amsterdam, she has more than 15 years of experience in consumer protection and competition law.
Elianne F. Van Steenbergen is a professor, specialising in the psychology of supervision, at Utrecht University, where she is part of the Organizational Behavior Group research group. She is also a senior supervisory officer in the Behaviour & Culture expert team at the Dutch Authority for the Financial Markets.
