CMPs and Dark Patterns: What Not to Do in Your Consent Design

Consent Management Platforms (CMPs) are supposed to help websites stay GDPR-compliant but not all CMPs play fair. Some use dark patterns that trick users into giving consent they might not have freely chosen. While these deceptive UX tactics might boost short-term opt-in rates, they carry long-term legal and reputational risks under the GDPR.

This blog breaks down what dark patterns in consent design look like, why they're non-compliant, and how to avoid them by taking an ethical, transparent approach.

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What Are Dark Patterns in CMPs?

Dark patterns are design choices that manipulate users into making decisions they wouldn't have otherwise made often by confusing, rushing, or limiting their options.

In the context of GDPR and cookie banners, dark patterns include:

• Making the "Accept All" button bigger or more colorful than the

  "Reject All" button

• Hiding or obscuring cookie settings

• Pre-ticking consent checkboxes

• Using misleading language ("Continue" instead of "Accept")

• Making opting out difficult or multi-step

These tactics don't just undermine user trust, they violate the GDPR's requirement for freely given, informed, and unambiguous consent.

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GDPR on Dark Patterns: What the Law Says

The European Data Protection Board (EDPB) and several Data Protection Authorities (like CNIL and the UK ICO) have made it clear: dark patterns are not compliant.

Key GDPR principles violated by dark patterns include:

• Transparency (Art. 5.1(a)) - Users must clearly understand what

  they're consenting to

• Freely Given Consent (Art. 7) - Consent must be a real choice,

  not manipulated

• Unambiguous Indication (Recital 32) - Silence, pre-ticked boxes,

  or inactivity do not constitute consent

Using deceptive consent UX could lead to:

• Regulatory fines
• Enforced redesigns
• Damaged brand reputation

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What Ethical Consent Design Looks Like

An ethical CMP, like Cookiepal, follows GDPR best practices by:

• Giving equal weight and visibility to "Accept" and "Reject" options

• Avoiding any pre-ticked boxes

• Offering clear, jargon-free explanations of each cookie type

• Making it easy to revisit or change consent choices

• Supporting granular consent so users can pick and choose what they

  agree to

This approach builds trust, improves user experience, and keeps your business audit-ready.

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Why Shady Consent UX Is a Legal Risk

In recent years, regulators have cracked down on dark patterns:

• CNIL fined Google €100M for making it harder to reject cookies

  than accept them

• The Danish DPA ordered companies to redesign banners that lacked

  balance

• NOYB complaints target websites with misleading UX --- often

  using CMPs that allow it

The message is clear: compliance isn't just about having a CMP, it's about how you use it.

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Final Takeaway

Dark patterns may boost short-term consent rates, but they're a liability under the GDPR. A responsible CMP should empower users to make informed, fair choices not manipulate them.

Cookiepal helps you stay on the right side of both the law and your users, with transparent, ethical, and fully GDPR-compliant consent flows.

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Sources

EDPB Guidelines on Consent
https://edpb.europa.eu/our-work-tools/our-documents/guidelines/guidelines-052020-consent-under-regulation-2016679_en

CNIL Recommendations on Cookies**-** https://www.cnil.fr/en/cookies-and-other-tracking-devices

NOYB Dark Pattern Complaints- https://noyb.eu/en