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Dark patterns are top of mind for regulators on both sides of the Atlantic. In the United States, federal and state regulators are targeting dark patterns as part of both their privacy and traditional consumer protection remits. Meanwhile, the European Data Protection Board (EDPB) is conducting a consultation on proposed Guidelines (Guidelines) for assessing and avoiding dark pattern practices that violate the EU General Data Protection Directive (GDPR) in the context of social media platforms. In practice, the Guidelines are likely to have broader application to other types of digital platforms as well.
Continue Reading “Dark Patterns” Are Focus of Regulatory Scrutiny in the United States and Europe

Connecticut is gearing up to be the next state with a comprehensive privacy law. On April 28, 2022, the Connecticut General Assembly passed SB 6, “An Act Concerning Personal Data Privacy and Online Monitoring,” which is currently with the governor awaiting signature.  Of the state laws that have passed, SB 6 is most similar to the Colorado Privacy Act (“CPA”), Virginia Consumer Data Protection Act (“CDPA”), and Utah Consumer Privacy Act (“UCPA”). For example, under SB 6, the terms “controller,” “processor,” and “personal data” have similar definitions as under the CPA, CDPA, and UCPA.
Continue Reading Connecticut General Assembly Passes Comprehensive Privacy Bill