United States of America: Issued CPPA Enforcement Advisory on Dark Patterns

On 4 September 2024, the California Privacy Protection Agency (CPPA) issued an Enforcement Advisory on Dark Patterns. The CPPA states in the advisory that “dark pattern” means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision making, or choice. In particular, the advisory aims to highlight the importance for businesses of reviewing user interfaces to ensure they offer symmetrical choices and use clear, easy-to-understand language offering privacy choices.