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Dark Patterns Make Their Appearance in California s New Privacy Law | Davis Wright Tremaine LLP

To embed, copy and paste the code into your website or blog: Last fall, California voters approved Proposition 24, thereby enacting the California Consumer Privacy Rights Act (CPRA). As DWT noted the day after the election, CPRA amends the California Consumer Privacy Act (CCPA) in subtle and significant ways …. One subtle and significant effect of the new law (when it ultimately takes effect) will be to limit the use of so-called dark patterns user interface designs that subvert or distort consumers ability to clearly understand data collection and sharing and truly give informed consent. Dark patterns gained notoriety in privacy policy circles in June 2018 when the term was featured prominently in a European report called Deceived by Design. That report defined dark patterns as:

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