So who's liable in this scenario? Someone in the C suite? The coder monkey who implemented it? Someone in between? All of the above?
Unless I'm mis-remembering, the maximum fine under GDPR is a % of the total revenue of the company, so depending on the size of the company, this could result in bankruptcy of any individuals deemed responsible too.
Or to put it another way, is causing another massive economic shock the correct response to a dark patterns on websites?
Causing another massive shock to the stock market is the correct response here because nearly everyone is engaged in behavior that harms society and should be stopped. Also, the market will recover and really isn't that important. If a small proportion of actors were engaged in this activity then getting an industry compact or other token gesture might be good enough to correct it.
Or should we restrict the stock market only to the rich and powerful?