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9 August 2023
ICO and CMA publish paper on Harmful Design in Digital Markets

The Information Commissioner’s Office (ICO) and the Competition and Markets Authority (CMA) have published a joint position paper, Harmful design in digital markets: How Online Choice Architecture practices can undermine consumer choice and control over personal information. This paper continues the ICO and CMA’s cooperation – as members of the DRCF – on matters where data protection, consumer protection and competition law interact.

The paper sets out the harms that can arise when certain types of practices are used to present information and choices to consumers about the collection and use of their personal information. It gives examples of concerning design practices, and provides a set of expectations that the ICO and CMA share of firms, and UX and product designers, that will support good practice. You can read the paper here.