What Should We Do About The Draft CPRA Regulations?: Choice

In this second post in our ongoing series, we examine key takeaways for companies in light of the recently released draft CPRA regulations. Today's focus is on issues surrounding consumer choice:

• Dark patterns. Businesses are provided a set of principles to follow in how they allow consumers to submit requests and obtain consent where required. A violation of these principles could be considered a "dark pattern" under the draft regulations and as such, would not constitute valid consent. The inclusion of "dark patterns" follows other regulators' concerns about the practice, including the FTC. (More information about dark patterns is included in this post.)

• Opt-out links. The draft regulations permit businesses to offer a single opt-out link instead of both a "Do Not Sell or Share My Personal Information" and a separate "Limit the Use of My Sensitive Personal Information" link. The so-called "alternative opt-out link" may be titled either "Your Privacy