Legal Liabilities Related to Dark Patterns: Common types, recent legal cases, enforcement actions, and proactive measures to avoid dark patterns

Julia B. Jacobson | Squire Patton Boggs LLP

A significant portion of Julia’s practice is devoted to advising clients on an array of privacy, cybersecurity, data breach and data governance matters. She assists clients with the design and development of privacy sensitive policies for the collection and use of personal data. Julia regularly advises businesses on the privacy and cybersecurity aspects of environmental, social and governance (ESG) programs, ethical data use, machine learning and artificial intelligence, vendor contracting and management and business sales, combinations and acquisitions.

She has helped her clients design, develop and implement compliance programs to meet the challenges of the evolving privacy and cybersecurity law landscape, including the California Consumer Privacy Act and other US state privacy and cybersecurity laws, the EU’s General Data Protection Regulation, the UK Data Protection Act 2018, cross-border personal data transfers and New York Department of Financial Services Cybersecurity Regulations, as well as to align with industry standards, including the National Institute of Standards and Technology (NIST) cybersecurity and privacy frameworks, and ESG standards and frameworks. Julia also serves as the data breach coach for several national and international clients.

Kyle R. Dull | Squire Patton Boggs LLP

Kyle Dull is a senior associate in the Data Privacy, Cybersecurity & Digital Assets Practice and a Certified Information Privacy Professional (IAPP CIPP/US). A former Assistant Attorney General, he advises industry-leading companies on domestic and international privacy laws, as well as on consumer protection, advertising, and retail and ecommerce laws and self-regulation.

Clients regularly turn to Kyle for his knowledge and know-how in defending and resolving federal and state regulatory and enforcement actions. Informed by his prior position in the Florida Attorney General’s Consumer Protection Division, Kyle has extensive experience in investigating and litigating privacy and advertising law violations. During his time in the AG’s office, Kyle focused on singular and multistate enforcement actions involving advertising, marketing, price gouging, consumer finance, privacy and cybersecurity. He now draws on that experience to share insights with and advise clients on their own data privacy, cybersecurity and advertising risks.

Kyle also helps clients develop and implement effective e-commerce business and marketing strategies. He routinely advises clients on technology, data privacy and security, intellectual property, advertising and marketing, and website development matters. In addition to regulatory counseling, Kyle negotiates and drafts a broad array of contracts, including licensing, joint venture and data sharing agreements. In all aspects of his work, Kyle remains focused on helping clients achieve their privacy governance and advertising objectives while balancing consumer interests. Kyle is a member of the Florida Bar Association’s Consumer Protection Law Committee and Data Privacy & Cybersecurity Subcommittee.

I. Examination of dark patterns | 1:00pm – 1:20pm

• Definition and history
• Common types of dark patterns

II. Regulatory landscape | 1:20pm – 1:40pm 

• Current regulations and guidelines
• Recent legal cases and enforcement actions
• Key regulatory bodies and their roles

III. Compliance challenges | 1:40pm – 2:00pm

• Identifying dark patterns in digital products
• Best practices for compliance
• Tools and techniques for auditing and monitoring

Break | 2:00pm – 2:10pm

IV. Legal risks and consequences | 2:10pm – 2:30pm

• Potential legal liabilities for businesses
• Consumer protection laws and dark patterns
• Mitigation strategies for reducing legal risks

V. Future trends and developments | 2:30pm – 2:50pm

• Emerging regulatory trends
• Predictions for future enforcement

VI. Practical solutions and industry best practices | 2:50pm – 3:10pm

• Proactive measures for avoiding dark patterns
• Case studies of successful compliance
• Recommendations for legal professionals and businesses