California Privacy Protection Agency Issues Enforcement Advisory On Dark Patterns

On September 4, 2024, the California Privacy Protection Agency (CPPA) issued Enforcement Advisory 2024-02 which addresses the use of "dark patterns" in user interfaces under the California Consumer Privacy Act (CCPA). This advisory emphasizes the importance of clear language and symmetrical choices in privacy-related user interfaces to ensure compliance with the CCPA.

Key Points of the Advisory

Definition and Impact of Dark Patterns

• Dark Patterns: The advisory defines dark patterns as user interfaces designed to subvert or impair user autonomy, decision-making, or choice.
• Effect Over Intent: The focus is on the effect of these interfaces rather than the intent behind them. Even if a business does not intend to deceive users, if the interface has the substantial effect of impairing user autonomy, it is considered a dark pattern.