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How to stop using dark patterns (and build trust instead)

Stop using dark patterns. Learn how ethical consent UX boosts trust, meets legal standards, and turns compliance into a competitive edge.
Ethical consent UX – How to Stop Using Dark Patterns
Read time
6 min read
Last updated
August 20, 2025
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Consent is not a checkbox. It’s not a popup, a footnote, or a legal hurdle to “get through.” It’s a conversation, a mutual agreement between a user and a brand.

In 2025, that conversation needs to be:

  • Honest
  • Understandable
  • Ongoing

Brands that treat consent as a formality risk regulatory fines, poor data quality, and—perhaps most importantly—loss of user trust.

Read more: Dark Patterns: Why They Still Work (and How to Spot Them)

In this final article of our dark pattern 3-part series, we’ll explore:

  • The principles of ethical consent UX
  • How to design trust-first interfaces (without sacrificing performance)
  • Real-world examples of brands doing it right
  • Collaborative strategies for marketing, legal, and design teams

Let’s break the cycle of manipulation and redesign consent from the inside out.

Why ethical consent UX matters more than ever

Let’s set the stage for why now is the time to prioritize ethical consent. 

  • Regulations are stricter. Laws like the CPPA (see Honda) are taking aim at manipulative UX. Non-compliance is not just a slap on the wrist–it’s monetary fines and requirements to shore up experiences in a short time. 
  • Users are savvier. Consumers are increasingly digital natives, and they can tell when they’re being nudged, tricked, or straight-up deceived. 
  • Trust is fragile. In a digital landscape saturated with noise and manipulation, users are increasingly wary. A single misleading consent flow can erode confidence in your brand.

If users feel tricked, they'll opt out. Not just of cookies, but of your entire brand. And when regulators review your UX, they’ll ask:

“Was the user given a real choice?”

That’s why ethical consent UX isn’t just a design trend. It’s a business strategy and legal imperative.

The principles of ethical consent UX

Designing ethical consent experiences isn’t about sacrificing performance. It’s about creating interfaces that build trust, offer real choice, and respect users' time and intelligence. 

Ethical consent UX can be summarized by three core pillars: Clarity, Control, and Context.

1. Clarity: make it obvious what you're asking

Good consent design should feel like a simple conversation, not a courtroom contract.

How to do it

  • Use plain language: “We use cookies to understand how you use our site” instead of “enhance your experience”
  • Label buttons clearly: “Accept All,” “Reject All,” “Manage Settings”
  • Explain why you’re collecting data for each purpose (analytics, ads, personalization)

ethical consent example on Olly website

Real-world example: Olly

Olly provides consent options that are straightforward and user-friendly. Each choice is explained in plain terms, supported by clear toggle-based controls. This helps users quickly understand what they’re agreeing to, without unnecessary complexity.

Read more: OLLY optimizes privacy and strengthens customer trust with Ketch

2. Control: let users choose (and re-choose!)

Consumer proclivities for data sharing evolve over time, and so does consent. It isn’t a one-time event. Your brand should make it easy for users to revisit and change their privacy choices at any time.

How to do it

  • Provide persistent settings access (e.g., through account settings or a floating icon)
  • Allow consent to be revoked as easily as it was given
  • Don’t force users to log in just to opt out

consent banner example

Real-world example: SeatGeek

SeatGeek gives users real control right from the start:

  • A “Your privacy choices” link is persistently available at the bottom of their site, letting users opt out of data sharing or targeted advertising—no login required.
  • users can unsubscribe from promotional emails or update their notification preferences anytime through the My Account page.

Read more: SeatGeek: scalable GDPR compliance with Ketch

3. Context: ask when it makes sense

Timing matters. Pushing a full-screen banner the second someone arrives? That’s overwhelming and often ineffective.

How to do it

  • Ask for consent after explaining the value (e.g., during onboarding or before personalization features)
  • Use layered consent, offering categories like analytics, ads, and personalization
  • Use progressive disclosure. Don’t show everything at once, but let users drill deeper as needed

Real-world example: Rivian

Rivian asks for consent in context: navigation features only activate once users enable location sharing in Data & Privacy settings, with the benefit (Google Maps integration) explained first. Their website also separates cookie categories and provides a privacy hub where users can drill deeper by topic, an example of layered, progressive disclosure.

The business case: trust over tricks

Consent UX done right does more than comply with regulations. It signals to users that your company values their time, autonomy, and trust.

Here’s what ethical UX gives you that dark patterns never will:

Benefit Why it matters
✅ Better Data Quality Users who freely choose to share are more likely to give accurate information
✅ Higher Retention Trust drives loyalty. Tricked users disengage—forever.
✅ Regulatory Protection Ethical design aligns with the strictest interpretations of GDPR/CPRA
✅ Brand Differentiation Transparency is a competitive advantage in a privacy-aware world
✅ Lower Support Volume Clear choices reduce confusion and rights-related customer support tickets

Design patterns for ethical consent UX

You don’t need to rely on manipulation to collect valuable data or drive conversions. In fact, moving away from dark patterns can enhance your brand, improve user engagement, and lead to more meaningful, trust-based interactions. 

The shift starts with a simple mindset change: from tricking users to building trust.

How to avoid dark patterns (and still achieve your goals)

Here’s how to swap manipulative dark patterns for trust-centered design:

Dark Pattern Ethical Alternative
“Accept All” in bold + “Reject All” hidden Use side-by-side buttons with equal visual weight
Pre-selected toggles Start with all toggles off and explain each option
Legalese language Use everyday speech: “We use this to improve your experience” (not “processing purposes”)
Banner blocks content Use compact banners or slide-ins with delayed timing
Difficult opt-out Offer a one-click opt-out + visible persistent settings

Read more: Are Dark Patterns Illegal in 2025? Honda, the Law, and UX Loopholes

Collaborating across teams: privacy is a team sport

One of the biggest obstacles to ethical consent UX isn't a lack of intention—it's a lack of collaboration. In many organizations, for instance, legal and marketing teams operate in silos, with different goals, timelines, and definitions of success. 

This disconnect can result in consent experiences that are either legally overcautious and unusable, or overly aggressive and ethically questionable.

Here’s how to fix this internal misalignment:

🔁 Marketing + Legal

  • Shared KPIs: Track success by user trust, not just opt-in rates
  • Collaborative reviews: Co-write banner copy that is both accurate and user-friendly

🔁 Design + Compliance

  • Early involvement: Loop in legal during wireframes, not at the end
  • UX audits: Regularly test designs against evolving legal requirements and user expectations

🔁 Product + Growth

  • Progressive onboarding: Collect data after user engagement—not immediately
  • Value exchange: Offer personalization or perks in exchange for consent—without coercion

Call to Action

Asking for zero-party data the right way

As privacy regulations tighten and third-party cookies phase out, brands are turning to zero-party data as a cleaner, more sustainable way to understand their audience. 

What is zero-party data?

Zero-party data is information that a user intentionally and proactively shares with a brand. This includes preferences, interests, lifestyle details, or purchase intentions, usually provided in exchange for something of value.

Unlike first-party data (passively collected) or third-party data (acquired from external sources), zero-party data is voluntary. That makes it incredibly powerful, and incredibly dependent on trust.

In other words, zero-party data—info users share voluntarily—has become gold in a cookieless world. But you can’t trick your way into getting it. You have to earn it.

Build meaningful experiences

✅ Ask at the right moment

Don’t ask for preferences before someone’s seen value. Ask after they’ve engaged, subscribed, or explored.

✅ Offer something of value

Make it worth their time. Think: personalization, recommendations, curated content, exclusive access.

✅ Explain how it’s used

“Tell us your preferences so we can send the right content—not too much, not too little.”

Example:
A meditation app asks users for mood and goals after 2 sessions, then tailors audio recommendations.

This feels like help, not data collection.

The Future of consent: design for partnership, not permission

If there's one mindset shift the industry needs, it's this: stop thinking about consent as a legal hurdle to clear—and start treating it as a relationship to build.

Consent is not something you extract. It’s something you earn and sustain. Think of consent like a subscription to trust:

  • It can be renewed or canceled
  • It must be clear, simple, and respectful
  • It needs to evolve with user expectations

Brands that lead with trust don’t just survive, they thrive.

Go further: Progressive consent

Conclusion: ethical design is strategic design

Here’s the truth: dark patterns might boost short-term data collection but they damage long-term relationships, increase legal risk, and erode brand value.

The brands that stand out in 2025 will be the ones that say:

“We respect your time. We respect your data. And we want your consent, not your compliance.”

Consent UX isn’t just about design. It’s about values.

Let’s design accordingly. Get in touch with a Ketch expert today, we’ll be more than happy to help.

Go further: Dark patterns matter– and consumers are the victims

Read time
6 min read
Published
August 20, 2025

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