The increasing popularity of virtual assistants (VAs) raises concerns about deceptive design (also referred to as dark patterns), that is, design tricks to influence users into buying or engaging more, hijacking their decision-making capability. The article argues that some recurring responses and prompts recited by VAs amount to deceptive design, matching some well-known dark patterns such as Price Comparison Prevention and Misdirection. It analyses the challenges of applying the EU consumer and personal data protection laws to deceptive design in VAs, exploring provisions on unfair practices and consumers’ rights (UCPD, CRD), fairness of personal data processing (GDPR), as well as the new rules on digital services (DSA) and the proposals for Data Act and AI Act. While the current legal framework offers a sufficient starting point to address the complexity and sophistication of deceptive design in virtual assistants, additional guidance on its application and interpretation is necessary to guarantee a high level of protection of the rights and interests of VA users. This article contributes to the ongoing debate on the regulation of deceptive design, and brings attention to the specific challenges deriving from virtual assistants due to the use of vocal interface, which can bring a paradigmatic shift from the legal perspective.
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