Center Prohibits Use of Deceptive Tactics on E-Commerce Platforms; Issues Guidelines for Compliance
To safeguard the interests of consumers, the government has prohibited the use of “dark patterns” on electronic commerce platforms that aim to deceive or manipulate customers.
A notice in the official gazette titled “Guidelines for prevention and control of dark patterns” was released by the Central Consumer Protection Authority (CCPA) on November 30. These guidelines are applicable to all platforms that provide goods and services in India, as well as advertisers and vendors.
The use of dark patterns will be considered as deceptive advertising, unfair trade practices, or a violation of consumer rights. Penalties will be enforced according to the Consumer Protection Act.
The guidelines will bring clarity to all parties involved – buyers, sellers, marketplaces, and regulators – regarding what constitutes unacceptable unfair trade practices, with the latter being held accountable under the Consumer Protection Act.
According to the notice, dark patterns are described as any deceptive design pattern or practice using user interface or user experience interactions on any platform. These patterns are intended to deceive or manipulate users into actions they did not originally intend, compromising consumer autonomy, decision-making, or choice.
For example, ‘basket sneaking’ is a dark pattern that adds extra items like products, services, or donations to charity at checkout without the user’s consent, resulting in the user paying more than the original product or service price.
Another dark pattern known as “forced action” compels users to purchase additional items, subscribe to unrelated services, or share personal information to buy or subscribe to the intended product or service.
The CCPA has outlined 13 dark patterns as guidance for the industry.
Originally, 10 dark patterns were identified by the CCPA, but after public consultation, three more were added.
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