Consumer protection regulators have long targeted unfair and deceptive practices that are designed to nudge or manipulate consumers in certain ways. Recently, regulators, such as the Federal Trade Commission (FTC) and European Data Protection Board (EDPB), have focused on eliminating “dark patterns,” a catchy term that refers to online user experiences that encourage behavior that benefits the operator of the online service. To reduce the risk of regulatory sanctions and the potential for consumer class actions, businesses should ensure that marketing and UX design teams are aware of the regulatory risks of dark patterns and how to minimize those risks. In this webinar, we will discuss how to identify dark patterns and best practices for preventing them, including the importance of clear, concise and conspicuous disclosure and fair and transparent user experiences.
This course is co-sponsored with myLawCLE.
Key topics to be discussed:
US and EU policy statements and laws targeting dark patterns, including privacy and consumer protection laws
Regulatory enforcement actions against companies that engage in the use of dark patterns
Educating marketing and website interface design teams about the risks and best practices
Date: April 19, 2023
Julia B. Jacobson | Squire Patton Boggs
Julia B. Jacobson is a partner in the Data Privacy, Cybersecurity & Digital Assets Practice. Julia offers practical and tactical counsel on privacy and cybersecurity compliance strategies, data breach response, technology transactions and marketing initiatives for national and multinational organizations.
Privacy and Cybersecurity:
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.
Julia helps clients maximize the value of their strategic relationships by drafting and negotiating a wide range of commercial contracts, particularly technology-centric agreements and the deployment of machine learning and artificial intelligence. For both product and service providers and users, she structures and negotiates contracts and develops customized template agreements and tools for vendor screening and assessments.
Marketing and Promotions:
Julia’s practice spans a wide array of issues associated with consumer marketing and promotional campaigns. She is skilled at establishing effective compliance programs and regularly counsels clients on the risks surrounding mobile marketing and text messaging, email marketing and telemarketing, social media, and sweepstakes and contests. Her work also includes helping clients navigate the digital advertising ecosystem and deploy emerging technologies. Increasingly, her practice focuses on supporting clients in designing data practices that consider stakeholder expectations and data ethics. On behalf of brands, agencies and marketing technology providers, she routinely structures and negotiates co-branding, sponsorships, and commercial co-venture and other agreements associated with the marketing and promotion of products and services.
Annette Demmel | Squire Patton Boggs
Dr. Annette Demmel is a partner in the Data Privacy, Cybersecurity & Digital Assets Practice Group in Berlin. For 20 years, Annette has advised national and international businesses on technology and privacy laws in many industries, focusing on the development of new digital products, the implementation of data-driven technology and the digital transformation of processes.
Annette regularly leads the implementation of international privacy compliance programs and provides advice on policy and regulatory issues arising in relation to the digitalization of workflows.
Kyle R. Dull | Squire Patton Boggs
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 e-commerce 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. US and EU policy statements and laws targeting dark patterns, including privacy and consumer protection laws | 12:00pm – 12:40pm
II. Regulatory enforcement actions against companies that engage in the use of dark patterns (part I) | 12:40pm – 1:00pm
Break | 1:00pm – 1:10pm
III. Regulatory enforcement actions against companies that engage in the use of dark patterns (part II) | 1:10pm – 1:30pm
IV. Educating marketing and website interface design teams about the risks and best practices | 1:30pm – 2:10pm