A fictional retailer preselects a €12 protection plan and includes it in the total before the shopper has made a distinct choice.
Preselection and defaultsElectronics checkoutCheckout
This is an original fictional comparison. It depicts no real company and is not a legal finding or safe harbour.
Electronics checkoutCheckout
Paid protection preselected in basket
A fictional retailer preselects a €12 protection plan and includes it in the total before the shopper has made a distinct choice.
Potentially problematicOrder total · €211
Order total · €211. A €12 protection plan is already active in the basket.. Protection included. Add protection for €12
A €12 protection plan is already active in the basket.
Protection included
Add protection for €12
→
Neutral alternativeOrder total · €199
Order total · €199. Protection is optional, unselected and priced beside its control.. Amount affected: €12: Add protection for €12. Add protection for €12. Protection included. Payable total and selected items, expanded: The summary shows the line items and total before “Add protection for €12” is activated.
Protection is optional, unselected and priced beside its control.
Amount affected€12Add protection for €12
Add protection for €12
Protection included
Payable total and selected itemsThe summary shows the line items and total before “Add protection for €12” is activated.
Why the first version can mislead: The presentation changes what the user can notice or predict at the checkout decision. The problematic state shows: “A €12 protection plan is already active in the basket.” Its influence should be tested by comparing the consequence and usability of “Protection included” with “Add protection for €12”. The shopper may pay for an add-on through inattention rather than active agreement.
What a fairer design does: Leave paid extras unselected, describe their price and require a deliberate choice before adding them.
Show annotated differences (2)
Potentially problematic version
Add protection for €12In “Paid protection preselected in basket”, this element shows how preselection or bad default can shape the decision.
Neutral alternative
Payable total and selected items, expanded: The summary shows the line items and total before “Add protection for €12” is activated.In “Paid protection preselected in basket”, this element keeps the clearer alternative visible at the same decision point.
Review questions (3)
Do “Protection included” and “Add protection for €12” receive comparable prominence and explain their consequences before activation?
Compare the basket before and after the action, including total and line items; does the mutation satisfy “The state is selected at first relevant presentation”?
What neutral rendering or comprehension result would falsify the classification, particularly in light of “Consumer-protective or neutral default”?
Side-by-side electronics checkout interface showing “Order total · €211” and the clearer alternative “Order total · €199”.Provenance: Original hypothetical electronics checkout example created for this library; no real business, product or interface is depicted.
Complete pattern context
How this example relates to Preselection and defaults
A business-favoured option with a plausible adverse consequence is active before a deliberate user choice. The label describes a recurring design mechanism; whether a particular implementation is harmful or unlawful depends on the complete journey, audience, evidence and rules within scope.
The full guide explains inclusion and exclusion criteria, harms, fair design principles, evidence questions and the relevant EU legal information layers. The example page isolates one scenario so it can be shared and discussed without reproducing the complete library on one page.
A fictional streaming service opens with the annual plan selected and highlights a monthly-equivalent figure while the payable annual total is smaller.
A fictional ticket seller offers a concert ticket only through a control that also adds a city travel pass, although the travel component is separately deliverable and not required for entry.
A fictional service offers a core plan only as a bundle with premium support and data migration, while implying those extras can be removed later although no controls exist.
Dark commercial patternsOrganisation for Economic Co-operation and Development · Secondary · checked 2026-09-14 · OECD Digital Economy Papers No. 336
Unfair Commercial Practices DirectiveEuropean Parliament and Council of the European Union · Primary · checked 2026-08-09 · Directive 2005/29/EC; CELEX 02005L0029-20220528
Consumer Rights DirectiveEuropean Parliament and Council of the European Union · Primary · checked 2026-08-09 · Directive 2011/83/EU; CELEX 02011L0083-20220528
General Data Protection RegulationEuropean Parliament and Council of the European Union · Primary · checked 2026-08-09 · Regulation (EU) 2016/679; CELEX 32016R0679
Digital Services ActEuropean Parliament and Council of the European Union · Primary · checked 2026-08-09 · Regulation (EU) 2022/2065; CELEX 32022R2065
Email updates
Follow new examples and material DFA developments.
Get an email when this library adds a substantial example or a verified source changes the regulatory picture.