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law Post GDPR Dark Patterns - A Study of Cookie Consent Notices

We found that dark patterns and implied consent are ubiquitous; only 11.8% meet the minimal requirements that we set based on European law. Second, we conducted a field experiment with 40 participants to investigate how the eight most common designs affect consent choices. We found that notification style (banner or barrier) has no effect; removing the opt-out button from the first page increases consent by 22–23 percentage points; and providing more granular controls on the first page decreases [...] [more]
jacquescorbytuech.com    Listbuilding, Law

tactics The A/B Testing Paradox

In marketing, we frequently use A/B testing when we have a hypothesis we want to prove, but it's not always the right tool for the job. Most of the time, A/B testing is worthless. The time spent designing, running, analyzing, and taking action on an A/B test will usually outweigh the value of picking the more desirable option. So what can you do? [...] [more]
jacquescorbytuech.com    Test

discussion Dear Email Industry, We’ve Got a GDPR problem

The overwhelming majority of commercial email sent today contains tracking pixels and tracking links, these are used to uniquely identify individuals so that opens and clicks can be correctly attributed to them. This isn’t strictly a problem, the GDPR does not ban processing of personal data for tracking purposes, however email tracking frequently fails to meet a number of criteria necessary to be legal under the GDPR. We’re not collection consent to track user behaviour - That means we’re probably [...] [more]
jacquescorbytuech.com    Law
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