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ARTICLE · 09 OCTOBER 2024

Sweep On "Dark Patterns" Sheds Light On Privacy Commissioner Expectations For Obtaining Meaningful Consent In An Online Environment

Borden Ladner Gervais LLP
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In early 2024, Canadian privacy commissioners participated in the Global Privacy Enforcement Network (the GPEN) annual international privacy sweep (the Sweep). The theme of this year's sweep was online...

CanadaPrivacy

In early 2024, Canadian privacy commissioners participated in the Global Privacy Enforcement Network (the GPEN) annual international privacy sweep (the Sweep). The theme of this year's sweep was online deceptive design patterns (also known as "dark patterns").

Deceptive design patterns are described as patterns "used on websites and mobile apps to influence, manipulate, or coerce users to make decisions that are not in their best interests."1 Further, "[t]hey can prevent users from making informed decisions about the collection, use, and disclosure of their personal information, and cause them to give up more privacy than they would like."2

On July 9, 2024, the Office of the Privacy Commissioner of Canada (the OPC) published the Sweep Report 2024: Deceptive Design Patterns (the Report) on the results of the Sweep and its key findings.

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