"Dark Patterns" Make Their Appearance in California's New Privacy Law
April 4, 2023
Christopher W. Savage
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"First, the CPRA adds a new definition of "consent" to the CCPA. The new definition explicitly states that "[A]greement obtained through the use of dark patterns does not constitute consent." Then, paralleling the definitions from Deceived by Design and the DETOUR Act, the CPRA defines a "dark pattern" as "a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision-making, or choice, as further defined by regulation." Finally, the law directs that regulations regarding the sale or sharing of personal information ensure that a business obtaining consumer consent to such sale or sharing "does not make use of any dark patterns.""