Best Practices for User Choice and Transparency

This Resource, developed by NAI legal and policy staff in consultation with representatives from member companies, is intended to help member companies better understand the practice of dark patterns and to implement the highlighted best practices to avoid them. This Resource has a threefold purpose: to explain consumer choice and transparency obligations under the NAI Code; to examine the current legal environment at the state and federal levels; and to identify best practices and guide companies in maximizing effective and efficient notice and choice mechanisms with respect to collecting consumer data. Certain terms used in state and federal regulation may not line up precisely with terms used in the NAI Code; in those instances, we have noted the appropriate term in the NAI Code that would apply.