Abstract
The practice of using manipulative and deceitful design to impact the decision making of individuals on the internet or also called dark patterns is a problem that must be discussed. The newly introduced Digital Services Act is the first European legislation defining the term dark pattern and prohibiting the usage of them in intermediary services to impact recipients of said service. The exception to the prohibition on dark patterns in the DSA are practices covered by the GDPR. This paper examines if the GDPR could function as a loophole to allow for dark patterns to be used that otherwise would be prohibited by the DSA.