Maryland and Nebraska Data Privacy Acts and Germany’s Case Against Temu’s Dark Patterns

Introduction:

Welcome to Fair Monday! We know Mondays can be a bit rough, so we created Fair Monday to bring you weekly insights and resources on dark patterns and digital fairness. Each Monday, we share updates on the latest developments, helping you stay informed and empowered to create a fairer, more transparent digital space.

This Week's Highlights:

1. Maryland Online Data Privacy Act
   Expected to take effect in October 2025, Maryland’s proposed Online Data Privacy Act aims to empower users and strengthen privacy rights. Key provisions include:
   ➡ Prohibiting the sale of sensitive personal data (e.g., location, health, race) without user consent.
   ➡ Requiring companies to implement a universal opt-out mechanism, enabling users to control what data is collected.
   ➡ Granting the Maryland Attorney General the authority to enforce compliance by giving companies 60 days to correct violations.
   Read more
2. Nebraska Data Privacy Act Approved
   Nebraska’s Data Privacy Act, unanimously approved on April 11, mirrors elements of Texas’s Data Privacy and Security Act. Highlights include:
   ➡ Setting specific thresholds for coverage under the act.
   ➡ Introducing clear guidelines for universal opt-out mechanisms.
   ➡ Explicitly banning dark patterns designed to manipulate users into giving consent.
   Read more
3. Germany’s Consumer Warning to Temu
   The Federation of German Consumer Organizations issued a warning to Temu, a popular online marketplace, demanding it cease using dark patterns on its platform, as prohibited by the EU Digital Services Act. Targeted practices include:
   ➡ Offering discounts without clear reference prices.
   ➡ Using fake countdown timers to create urgency.
   ➡ Deleting negative customer reviews.
   We’ll be keeping an eye on this case to see how it unfolds!
   Read more

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Conclusion:

From Maryland’s and Nebraska’s efforts to strengthen privacy rights to Germany’s enforcement against dark patterns, these global developments reflect a growing commitment to digital fairness. At Fairpatterns, we’re dedicated to promoting transparency, empowering users, and advocating for ethical design practices.

Let’s keep driving #DigitalFairness forward. Have a fantastic week with Fair Monday!

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