In September, California passed a game changing privacy law which may significantly change the on-line landscape not only for websites directed to children but any general audience site. The new privacy law applies to any website which has a “significant” audience under the age of 18. In addition to this new law broadly applying to general audience sites, the act also requires businesses to address whether its online services may be harmful to a child. Specifically, the Act addresses dark patterns – an area of recent focus by the FTC which just issued a staff report entitled “Bringing Dark Patterns to Light” only four days after the Age-Appropriate Design Code.
Key topics to be discussed:
What is required under California’s new Age Appropriate Design Code?
Which of these requirements should businesses be focused on now to prepare for the July, 2024 effective date?
How do the dark pattern requirements under the Age Appropriate Design Code differ from other federal and state laws?
What are the look-outs to avoid enforcement of California’s laws focused on dark pattern laws and the FTC’s new focus on dark patterns?
Date: October 25, 2022
Nerissa Coyle McGinn | Loeb & Loeb
Nerissa Coyle McGinn is a partner in Loeb & Loeb’s Advanced Media and Technology Practice. She also serves as the firm’s first chief diversity partner and co-chair of the Diversity Committee.
Nerissa’s practice focuses on matters involving the convergence of advertising and promotions, emerging media, technology, privacy and intellectual property law. More recently, she has focused her practice on counseling clients on legal issues related to NFTs and in the metaverse, including issues on enforcing and exploiting their existing rights.
Nerissa also has particular experience advising on matters involving digital advertising and promotions including on social media platforms; loyalty programs; the Children’s Online Privacy Protection Act (COPPA); and the Children’s Advertising Review Unit (CARU).
Nerissa has a diverse roster of clients ranging from some of the best-known brand to start-up digital companies and app developers. Embracing a business-minded approach, she helps all of her clients develop new brand assets and assists them in promoting and advertising their brands and products. As a thought leader in her industry, Nerissa frequently publishes and speaks at events and conferences. She also serves as the Co-Chair of INTA’s Leadership Development Programming Sub-Committee.
Robyn Mohr | Loeb & Loeb
Robyn Mohr counsels clients on a wide variety of matters related to new media, technology, mobile and digital marketing, advertising, and privacy. She also advises on compliance with various state and federal laws and regulations, representing clients in a variety of industries, including consumer products, telecommunications, internet and entertainment.
I. What is required under California’s new Age-Appropriate Design Code? | 11:00am – 11:15am
II. Which of these requirements should businesses be focused on now to prepare for the July 2024 effective date? | 11:15am – 11:30am
III. How do the dark pattern requirements under the Age-Appropriate Design Code differ from other federal and state laws? | 11:30am – 11:45am
IV. What are the look-outs to avoid enforcement of California’s laws focused on dark pattern laws and the FTC’s new focus on dark patterns? | 11:45am – 12:00pm