On September 4, the California Privacy Protection Agency (“CPPA”) issued an enforcement advisory warning businesses against using “dark patterns” in their user interfaces. “Dark patterns” are choices a company makes regarding its user interface design, which the CPPA argued can impair consumer autonomy and decision-making. The advisory emphasized that the effect of these interfaces, not the intent behind them, may violate the CPPA. The advisory provides examples of non-compliant interfaces, such as processes for opting out of a data sale that are more cumbersome than opting in, and cookie choices that only include “yes” or “ask me later” options were contrasted with compliant interfaces, such as banners offering clear “Accept All” and “Decline All” options. The agency reminded businesses to review their practices to ensure that their user interfaces are compliant by offering symmetrical choices and using clear and understandable language, particularly when obtaining consumer consent.
