Protecting Consumers: Government Bans 'Dark Patterns' on E-Commerce Platforms

In a significant move to safeguard consumers, the Central Consumer Protection Authority (CCPA) has issued guidelines, effective November 30, prohibiting the use of "dark patterns" on e-commerce platforms in India. These guidelines aim to curb deceptive practices employed by platforms that manipulate users' choices and actions online.

Dark Patterns Defined

Dark patterns encompass deceptive design patterns within the user interface or user experience on digital platforms. These practices are intended to mislead or trick users into actions they didn't originally intend, compromising consumer autonomy and decision-making. The CCPA's notification specifically identifies 13 dark patterns that fall under this category.

Penalties for Violations

Any platform found using dark patterns will be held accountable for misleading advertising, unfair trade practices, or violation of consumer rights. Penalties will be imposed in accordance with the provisions of the Consumer Protection Act, reinforcing the government's commitment to protecting consumers from unscrupulous tactics in the digital commerce landscape.

Examples of Dark Patterns

One such dark pattern highlighted in the guidelines is 'basket sneaking.' This involves adding extra items, like additional products, services, or charitable donations, during the checkout process without the user's explicit consent. This results in the user paying more than the initially selected product or service.

Another identified dark pattern, "forced action," compels users to take actions such as purchasing additional goods, subscribing to unrelated services, or sharing personal information to complete their intended purchase or subscription.

Clarity for Stakeholders

Consumer Affairs Secretary Rohit Kumar Singh emphasized that the guidelines provide clarity for all stakeholders, including buyers, sellers, marketplaces, and regulators. This clarity is crucial to ensure that unfair trading practices are clearly defined, and those engaging in such practices can be held liable under the Consumer Protection Act.

Evolution of Guidelines

Initially, the CCPA identified 10 dark patterns, later expanding the list to 13 after a public consultation. This inclusive approach showcases the government's responsiveness to the evolving landscape of digital commerce and its commitment to staying ahead of deceptive practices.

The government's intervention to ban dark patterns on e-commerce platforms marks a significant step towards building a transparent and trustworthy digital marketplace. These guidelines not only protect consumers from manipulative tactics but also establish a framework for ethical conduct in the digital realm. Adhering to these regulations is not just a legal requirement but also a commitment to fostering a fair and consumer-friendly digital economy.