For companies hoping they can argue their deceptive designs were just 'mistakes' if taken to court—consider this your warning ???. User exploitation won’t fly under the radar. The California Privacy Protection Agency (CPPA) issued an?Enforcement Advisory?on the topic of dark patterns: "Avoiding Dark Patterns: Clear, Understandable Language and Symmetry in Choice." The document focuses on how user interfaces can undermine consumer autonomy when exercising privacy rights under the?California Consumer Privacy Act (CCPA). The advisory emphasizes that “dark patterns are judged by their effect, not intent” and urges businesses to regularly assess their interfaces. “The law gives consumers the right to make their privacy choices without jumping through confusing hoops or solving puzzles. Businesses need to ask themselves the right questions about their user interfaces and make sure they aren’t part of the problem.” - Michael Macko, Deputy Director of the CPPA’s Enforcement Division. See the full Advisory here: https://lnkd.in/eZjQJEGK Ready to identify your company's dark patterns and get remediation recommendations? Contact us for a FairAudit, today: https://lnkd.in/ezvmBmjp #FairPatterns #DeceptiveDesign #OnlineDeception #OnlineManipulation #Privacy #PrivacyLaw #DarkPatterns #DataPrivacy #CCPA #PrivacyRights #DesignEthics #DataProtection #CaliforniaPrivacy #UserAutonomy #Compliance #TechRegulation #BusinessEthics #PrivacyCompliance #ConsumerProtection #EthicalDesign
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(JDSUPRA) We’re halfway through 2024. Are you wondering what you need to think about for your privacy program in the rest of 2024? At the federal level, at the time of this alert, the American Privacy Rights Act remains at the committee level and many steps remain before a federal law is a reality. Key changes coming at the start of the third quarter, with the following new state laws effective July 1, 2024: ?? Texas ?? Oregon ?? Florida #atate #stateprivacy #privacylaw #regulations #data #pii #sensitivedata #cybersecurityprogram #Buckler https://lnkd.in/exVKz5U8
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California has set a benchmark for consumer privacy, but new federal proposals could undermine these protections. Read our take on the American Privacy Rights Act: https://loom.ly/6H1pKSg #APRA #CPPA #privacyrights #privacylaws #privacynews
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CPPA Enforcement Advisory Stresses the Importance of Avoiding Dark Patterns See https://lnkd.in/ez2cW4YD. News:?September 4, 2024 "The California Privacy Protection Agency (CPPA) has issued an?Enforcement Advisory?on the topic of dark patterns. The California Consumer Privacy Act (CCPA) uses the term “dark patterns” to refer generally to user interfaces that subvert or impair consumers’ autonomy, decision-making, or choice when asserting their privacy rights or consenting. For example, when businesses provide choices to consumers, such as the option to opt-out of the sale or sharing of their personal information, businesses must present these choices in a clear and balanced way. If the choices are unclear, they might be considered dark patterns. The advisory highlights for businesses the importance of reviewing their user interfaces to ensure they offer symmetrical choices and use clear, easy-to-understand language offering privacy choices—two of the attributes spelled out in the regulations. “Dark patterns aren’t about intent, they’re about effect,” said Michael Macko, Deputy Director of the CPPA’s Enforcement Division. “The law gives consumers the right to make their privacy choices without jumping through confusing hoops or solving puzzles. Businesses need to ask themselves the right questions about their user interfaces and make sure they aren’t part of the problem.” The CPPA regularly issues advisories on aspects of the CCPA. These advisories provide observations from the Enforcement Division to help educate the public and businesses about their rights and responsibilities."
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California is moving closer to regulating automated decision-making technology (ADMT), a crucial step in privacy protection laws. Check out this article by PAG.LAW PLLC's Zac Soto to learn more about the proposed regulations and how they balance consumer privacy rights and innovation. #CaliforniaPrivacy #ADMT https://lnkd.in/e7XMCZ8Q
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California's Privacy Regulator Issues Enforcement Guidance on How To Avoid "Dark Patterns" in Obtaining Consumer Consent: On September 4, 2024, the California Privacy Protection Agency ("CPPA") announced that it issued an Enforcement Advisory ("Advisory") providing guidance on how to avoid using prohibited "Dark Patterns" to obtain consent from consumers. Businesses subject to the California Consumer Privacy Act (CCPA) routinely request consent from consumers related to their personal information and in handling consumer requests to exercise their statutory rights regarding their personal information...... By: Davis Wright Tremaine LLP #dataprotection #dataprivacy #privacy
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The New York Senate has approved the New York Privacy Act (NYPA), bringing the state closer to joining 19 others with comprehensive privacy laws. While the NYPA models the Virginia Consumer Data Protection Act (VCDPA), it includes unique provisions that businesses operating in New York need to note: 1. Broad Application: Applies to businesses with $25M+ revenue, 50K+ consumers' data, or 50%+ revenue from data sales. 2. Transparency Requirements: Extensive privacy notices with detailed data sharing info and clear language. 3. Right of Access: Detailed disclosure of data shared with third parties and processors. For more details on how NYPA differs from other state privacy laws, read the full blog post here: https://bit.ly/4cr7wN3 #Privacy #DataProtection #NYPA #ConsumerRights #Compliance #DataPrivacy #NewYorkPrivacyAct
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The American Privacy Rights Act is on the horizon, and your business could be affected. While it's not guaranteed to become law, it's important to understand what the ARPA could mean for your marketing and communications. The APRA was proposed as a federal comprehensive data privacy law to create privacy rights and protections for all Americans and establish robust enforcement mechanisms to hold violators accountable. Learn more: https://lnkd.in/eMaMXj9P #APRA #PrivacyRights
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The New York Attorney General recently published a how-to guide for businesses regarding consumer tracking on the web. Although New York does not have a comprehensive state privacy law, the website for businesses clarifies that existing consumer protection laws require accurate and truthful disclosures about privacy practices. In her latest insight,?Mitzi Hill explains why this move by the attorney general is so meaningful. Read her full insight below. #DataPrivacy #ConsumerProtection #PrivacyLaw https://lnkd.in/eyixHezF...
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Starting July 1, 2024, new state privacy regulations will come into effect, impacting businesses and their handling of personal data. This detailed article from Hinshaw & Culbertson LLP outlines the key changes and what organizations need to know to stay compliant. Key points include: ??Understanding the scope of new privacy laws ??Steps businesses must take to ensure compliance ??Potential penalties for non-compliance Stay informed and prepared to navigate these important regulatory changes.
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Starting July 1, 2024, new state privacy regulations will come into effect, impacting businesses and their handling of personal data. This detailed article from Hinshaw & Culbertson LLP outlines the key changes and what organizations need to know to stay compliant. Key points include: ??Understanding the scope of new privacy laws ??Steps businesses must take to ensure compliance ??Potential penalties for non-compliance Stay informed and prepared to navigate these important regulatory changes.
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