dark patterns

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

As part of its continued preliminary rulemaking activities, the California Privacy Protection Agency (“CPPA”) will be holding stakeholder sessions Wednesday, May 4 through Friday, May 6 to provide an opportunity for stakeholders to weigh in on topics relevant to upcoming rulemaking. The Agenda for each of the sessions, which are slated to last an entire day, is available here.
Continue Reading California Privacy Regulator to Hold Stakeholder Sessions First Week of May

The European Data Protection Board (“EDPB”), a body with members from all EEA supervisory authorities (and the European Data Protection Supervisor), has recently established a taskforce to coordinate the response to complaints concerning compliance of cookie banners filed with several European Economic Area (“EEA”) Supervisory Authorities (“SAs”) by a non-profit organisation NOYB. NOYB believes that many cookie banners, including those of ‘major’ companies, engage in “deceptive designs” and “dark patterns”.
Continue Reading EDPB Establishes Cookie Banner Taskforce, Which Will Also Look Into Dark Patterns and Deceptive Designs