@ARTICLE{10.21494/ISTE.OP.2025.1301, 

TITLE={Ethical management of consent to the processing of personal data: How can dark patterns be used to guide the decision-making?}, 
  
AUTHOR={Robert Viseur, }, 
	
JOURNAL={Open Journal in Information Systems Engineering}, 
	
VOLUME={5}, 

NUMBER={Issue 1}, 
	
YEAR={2025}, 

URL={https://www.openscience.fr/Ethical-management-of-consent-to-the-processing-of-personal-data-How-can-dark}, 
	
DOI={10.21494/ISTE.OP.2025.1301}, 
	
ISSN={2634-1468}, 
	
ABSTRACT={Faced with the development of big data and its application to personal data, the European legislator has provided a protective legal framework: the "General Data Protection Regulation" (GDPR). When it came into force on May 25, 2018, the issue of obtaining consent prior to any processing of personal data was at the heart of the concerns of targeted advertising, particularly programmatic advertising, and of performance analysis. This has led to the emergence of service providers specialized in the creation of consent collection interfaces, the Consent Management Platforms (CMP), but also to the multiplication of dark patterns aiming at forcing the obtaining of such consent. In this research, we identified the dark patterns used by a set of press sites and then used the dark pattern typology of Gray and his co-authors to classify the designs. We then discussed, on the one hand, their legality and, on the other, their ethics (from the point of view of the utilitarian and deontological approaches). Finally, we discuss the best ways of combating the abuses observed. In particular, we demonstrate the existence of a grey area that allows professionals to maximise, sometimes temporarily, the amount of personal data collected.}}