To add to that, we have the effect that some large $megacorps used these dark patterns in the beginning to see if they can get away with it and others unknowingly just copy it. I work as a webdev contractor and very often get requests by customers to implement the same (illegal) tracking popup, thinking they would be lawful as it is identical to what $megacorp uses.
They do.
GDPR explicitly requires
- that denying is easier than accept
- that all choices are denied by default
- that there has to be a single "no" button, but individual "yes" buttons for every single choice
Just everyone breaks the law.