Bolstering the protections afforded under the California Consumer Privacy Act (as amended by the California Privacy Rights Act, the CCPA), California has enacted the California Age-Appropriate Design Code Act (AADC), which expands the scope of online privacy protections for children under 18. The AADC will take effect on July 1, 2024 and apply to CCPA-regulated businesses. As such, those businesses are encouraged to begin conducting impact assessments now in light of the possibility that material design changes may be necessitated by the AADC.

Companies that operate e-commerce sites or mobile apps are likely familiar with an online design practice known as digital dark patterns. However, they may not be aware of the Federal Trade Commission (FTC)’s evolving position on such practices, certain of which the FTC has consistently found to be unlawful.. A recent FTC report on the subject (“FTC Report”) offers important insights on common digital dark pattern practices and warns that aggressive enforcement action is likely.