ODPA detects “dark patterns” in Guernsey gambling sector

The Office Of The Data Protection Authority examined 19 gambling companies operating under Alderney licences.

Channel Islands.- The Bailiwick of Guernsey’s Office Of The Data Protection Authority (ODPA) says it has detected “dark patterns” in apps and sites belonging to the islands’ gambling sector. It made the conclusion following a “privacy sweep” earlier this year. 

The ODPA examined the apps and sites of 19 gambling companies operating under gambling licences from the Alderney Gambling Control Commission. Conducted with authorities from around the world, the sweep found that every website raised flags for transparency issues and showed at least one indicator of deceptive design patterns. 

In 42 per cent of cases, the website or app’s privacy settings could not be found, preventing users from being able to control their data or alter settings to be more privacy-friendly. Most sites had a privacy policy or data processing notice, but these were found to often be unnecessarily long or complex. The ODPA also noted that it was usually more difficult to delete an account than to create one.

The office says it has contacted the gambling operators involved to raise its concerns.

Commissioner Brent Homan said: “Dark patterns involve techniques that drive people down the least privacy-friendly route, leading users to give up more information than they may intend or thwarting attempts to delete data.

“Our sweep of the Bailiwick’s gambling sector raised such concerns. We are reaching out to organisations in the gambling industry and look forward to hearing from them, with the steps they are taking to address our concerns.”

In May, the Alderney Gambling Control Commission reported that it gave £2.35m of profit to the Channel Island jurisdiction in 2023. The profit was £636,000 higher than in 2022. The commission, which has regulated the island’s gambling sector since the year 2000, cited a “strong rebound by the online gambling sector worldwide” after the Covid-19 pandemic. 

Of the profit generated, the States Of Alderney council has designated £1.85m to capital spending and a little over £496,000 to the states-owned company Alderney eGambling Limited (AeGL), which handles enquiries about licensing in Alderney. The capital spending budget was £1.5m in 2023.