The discussion on behavioral law and economics is turning around two questions: The limits of the use of behavioral regulatory instruments (nudging) and the criticism of established regulatory concepts, especially the information model. Dark Patterns raise a third question: The protection against the exploitation of behavioral anomalies caused by private individuals. This article classifies this new phenomenon (behavioral) economically and legally one. It develops basic lines for the constitutionally required protection of autonomy as well as a regulatory one Answer to Dark Patterns.
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