Dark Pattern
User interfaces designed to subvert user autonomy or decision-making.
How the laws define this
Both the New Jersey Age-Appropriate Design Code and The California Age-Appropriate Design Code Act center their provisions on manipulative user interface choices that lead or encourage young people—whether termed minors or children—to weaken or forego privacy protections. Both instruments share the goal of preventing harmful design practices that exploit vulnerabilities or result in harm. However, they diverge in how they formulate the definition of a dark pattern. The New Jersey Age-Appropriate Design Code defines dark patterns broadly around interfaces designed to subvert or impair user autonomy, decision-making, or choice, specifically prohibiting their use where they could harm minors. In contrast, The California Age-Appropriate Design Code Act focuses on the actual effect of design choices, defining dark patterns as user interface designs or experiences that lead children to forego privacy protections or take actions that a business knows, or has reason to know, are materially detrimental to a child's physical health, mental health, or well-being.
Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.
How jurisdictions differ
What is distinctive in each definition, binding law in force first.
| Jurisdiction | Instrument | Status | What is distinctive |
|---|---|---|---|
| California, United States | The California Age-Appropriate Design Code Act | In Force | This definition narrows dark patterns to designs that lead children to forego privacy protections or take actions detrimental to their physical, mental, or overall well-being. |
| New Jersey, United States | New Jersey Age-Appropriate Design Code | Awaiting Entry | This definition widens dark patterns to any user interfaces subverting or impairing autonomy, decision-making, or choice, specifically when harming minors by weakening privacy. |
What it triggers
Definitions (2)
Refers to user interfaces designed to subvert or impair user autonomy, decision-making, or choice. The Act prohibits the use of dark patterns in a manner that could harm minors, particularly in encouraging them to weaken privacy protections.
User interface designs or experiences that have the effect of leading or encouraging children to forego privacy protections, or to take actions that the business knows, or has reason to know, are materially detrimental to the child's physical health, mental health, or well-being. This prohibition aims to prevent manipulative design choices that exploit children's vulnerabilities.
Questions and answers
What makes a dark pattern illegal under California law?
Dark patterns are illegal if they lead or encourage children to forego privacy protections or take actions detrimental to their health or well-being. This applies to online services accessed by those under 18. The law enforces privacy by design principles.
How does New Jersey define and restrict dark patterns?
Dark patterns are user interfaces that subvert or impair user autonomy, decision-making, or choice, prohibited if they harm minors, especially by encouraging weakened privacy protections. Online services must implement age-appropriate design and data minimization.
What are the consequences of using dark patterns on minors?
In California, they are prohibited to prevent manipulative designs exploiting children's vulnerabilities. In New Jersey, they are banned when harming minors, with mandates for privacy by default.