From the executive summary:
Facebook and Google have privacy intrusive defaults, where users who want the privacy friendly option have to go through a significantly longer process. They even obscure some of these settings so that the user cannot know that the more privacy intrusive option was preselected.
The popups from Facebook, Google and Windows 10 have design, symbols and wording that nudge users away from the privacy friendly choices. Choices are worded to compel users to make certain choices, while key information is omitted or downplayed. None of them lets the user freely postpone decisions. Also, Facebook and Google threaten users with loss of functionality or deletion of the user account if the user does not choose the privacy intrusive option.
The combination of privacy intrusive defaults and the use of dark patterns, nudge users of Facebook and Google, and to a lesser degree Windows 10, toward the least privacy friendly options to a degree that we consider unethical. We question whether this is in accordance with the principles of data protection by default and data protection by design, and if consent given under these circumstances can be said to be explicit, informed and freely given.
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