Dark patterns have been a recent regulatory focus. The FTC issued an enforcement policy late last year, and the European Data Protection Board followed suit with guidelines this spring. The two have slightly different takes on what constitutes a dark pattern. The European focus is on misleading consumers into providing more information than they would have otherwise, or in providing unwitting consent for use of information. For the FTC, the focus is on programs that “trick” consumers into making purchases, including signing up for ongoing services. For both entities, the concern is on misleading consumers into providing unwilling consent or…

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