New California Consumer Privacy Act (CCPA) Regs are here, with comments open until June 2.
There are a lot of issues to address, and a lot of work for companies to implement. We are talking about billions of dollars in legal fees, not to mention countless human implementation hours.
Here is what are we working on with our clients regarding consents/dark patterns processes.
- Remove choices driven by a false sense of urgency, like a countdown clock displayed next to a consent choice which states “time is running out to consent to this data use and receive a limited discount” where the discount is not actually limited by time or availability.
- Amend any banner that navigates away from the window for clicking an X as an “I accept.”
- Do not have an “on/off” toggle without additional clarifying language.
- Fix any buttons where the “yes” is more prominent (e.g., larger in size or in a more eye-catching color) than the “no.”
- Don’t use double negatives, misleading statements/omissions, affirmative misstatements or deceptive language.
- Make sure the number of steps for submitting a request to opt-out of sale/sharing (as measured from when the consumer clicks on the “Do Not Sell or Share My Personal Information” link) to completion of the request is the same or fewer than the number of steps for submitting a request to opt-in.
- Reassess your financial incentives enrollment. A pre-checked checkbox is not allowed, nor is it allowed to feature this option more prominently (e.g., larger in size or in a more eye-catching color) than the choice not to participate in the program.
[View source.]
