CAADCA Section 1798.99.31(a)(5) - Dark Patterns
Prohibit dark patterns that lead children to over-share data, forego privacy, or take actions detrimental to their well-being
Where this comes from
Provision: Section 1798.99.31(a)(5) - Dark Patterns
Instrument: California Age-Appropriate Design Code Act (AB 2273)
Citation: Cal. Civ. Code § 1798.99.31(a)(5), California Age-Appropriate Design Code Act (AB 2273)
Text version: California Age-Appropriate Design Code Act, AB-2273 (2022); Cal. Civ. Code §§ 1798.99.28–1798.99.40
Who it applies to
It applies when all of these are true:
- Service is likely to be accessed by children under 18
- Service requires/offers account registration
- Service uses content personalization
…unless:
- Encouraging behavior that benefits child safety or wellbeing is not considered a dark pattern. (Cal. Civ. Code § 1798.99.31(e) - interpretive guidance)
Scope in the source's own terms
- Service has child users
- Service available to California residents
What engineering work it implies
Sample acceptance criteria Landfall generates for this obligation:
- Default profile visibility: private (not public)
- Default data sharing: off (opt-in, not opt-out)
- Default location tracking: off
- Default contact discoverability: off
- User can change any default via settings
Evidence an auditor expects
- User-interface evidenceUser testing
UI/UX design review
Design documentation showing absence of manipulative patterns in child-facing interfaces
- Audit reportThird-party auditRecommended
Dark patterns audit
Review confirming no deceptive design patterns that exploit children
Questions people ask
- Does CAADCA Section 1798.99.31(a)(5) - Dark Patterns apply to my service?
- It applies when Service is likely to be accessed by children under 18; Service requires/offers account registration; Service uses content personalization. It does not apply where Encouraging behavior that benefits child safety or wellbeing is not considered a dark pattern. (Cal. Civ. Code § 1798.99.31(e) - interpretive guidance).
- From when does this apply?
- CAADCA Section 1798.99.31(a)(5) - Dark Patterns applies from 1 July 2024. Its current status is: in force.
- What evidence does an auditor expect?
- UI/UX design review; Dark patterns audit.
Find out whether this one lands on you
Landfall's pre-scan answers the applicability question above for your product in minutes, then turns every obligation that applies into traceable engineering tickets with a citation chain your auditors can follow.
Not legal advice. Landfall maps regulatory obligations to engineering work for planning purposes. Its verdicts are not legal advice and create no attorney-client relationship — verify with qualified counsel before relying on them.