May 17, 2023
Dark Patterns: Protecting Consumers Without Hindering Innovation
There is a widespread consensus that design practices involving psychological manipulation and deceit should be banned. However, when it comes to defining the concept of “dark patterns,” the challenge is...
May 17, 2023
Uncloaking Dark Patterns: Identifying, Avoiding, and Minimizing Legal Risk
Regulators have long targeted deceptive and misleading practices designed to manipulate consumers, including more recently “dark patterns.” Dark patterns are misleading or otherwise manipulative user experiences intended to influence a...
May 17, 2023
Tackling Dark Patterns: How to Reasonably Prevent Consumer Manipulation and...
Deceptive and manipulative choice architectures have received significant coverage in the academic literature. These dark patterns can be nudges leading individuals to act against their interests or sludges hindering the...
May 08, 2023
Europe’s High Court Outlines GDPR Compensation & Data Rights
The European Union’s top court made significant rulings related to data protection, reported TechCrunch. There are two cases being addressed: one focuses on compensating for GDPR breaches, while the other explains...
May 01, 2023
My Health My Data: Washington’s Health Data Privacy Revolution
By Aaron J.Burstein & Alysa Z. Hutnik, Kelley Drye On April 27, 2023, Governor Jay Inslee signed into law the My Health My Data Act (MHMD), which will become effective on...
April 24, 2023
China Data Flows And Power In The Era Of Chinese...
By W. Gregory Voss & Emmanuel Pernot-Leplay, TBS Business School & Shanghai Jiao Tong University Personal data have great economic interest today and their possession and control are the object...
April 20, 2023
Upping the “Ante” on Competition Regulation: Gambling with the Future...
Policymakers, regulators, and commentators alike have criticized antitrust enforcers’ attempts at constraining “Big Tech” as excessively lenient and far too slow. This perceived failure, along with widespread declarations of certain...
April 13, 2023
AI Helps Banks and Merchants Fill Digital Payments Risk Management...
Digital commerce has a data problem. Jeff Hallenbeck, head of financial partnerships at Forter, told PYMNTS that “data droughts” exist between issuers, payment service providers and card networks when making...
April 12, 2023
Portability, not Doctrine, is Key to Unlock User Agency for...
Data is of central importance for users of digital services, and for many years has been the subject of significant attention in the realm of public policy. In the context...
