Context
The ICO and CMA have published a joint position paper which is targeted to firms that deploy design practices in digital markets (such as on websites or other online services), as well as product and UX designers that create online interfaces for firms. The position paper also provides further clarity to firms and those who design with online choice architecture about how data protection law applies to design practices.
Key points to note
The ICO warns that firms must avoid using the harmful practices set out in the position paper to ensure compliance with data protection law. This will help to protect people’s privacy, while also setting clear standards that support a level playing field between competing businesses – to the benefit of consumers.
The ICO will be taking enforcement action to protect people’s data protection rights, particularly where design practices lead to risks or harms for people at risk of vulnerability. The CMA has been clear that this is a priority area and it will continue to tackle problems caused by harmful design through its consumer and competition enforcement powers.
Next actions
None – for information and awareness.