Christine Lyon, Courtney Barton

While GPDR has moved away from relying on consent as a default basis for processing personal data, privacy laws in the U.S. and other jurisdictions continue giving new choices, from “sale” to “sharing” to different twists on existing concepts like profiling and automated decision-making. How should global companies approach consumer choice, when some jurisdictions require them to obtain opt-in consent, others restrict them from seeking consent, and some require them to provide an opt-out? And what lessons should be learned from the growing scrutiny in the U.S. and EU of the use of so-called “dark patterns” to influence consumer choice? This session will discuss the evolving role of consumer choice under privacy and data protection laws and practical strategies for providing meaningful and appropriate consumer choice.

Topics covered:

  • Evolving (and diverging) views of consumer choice under data protection laws
  • Opt-in vs. opt-out models
  • Avoiding “dark patterns” in data collection and choice processes
    Strategies for multinational companies in managing consumer choice globally

Christine Lyon, Partner, Freshfields
Courtney Barton, VP & Senior Counsel, Marriott

Christine Lyon
Christine Lyon


Courtney Barton

VP & Senior Counsel