Government Bans 'Dark Patterns' on E-Commerce Platforms

In a move to strengthen consumer protection, the Central Consumer Protection Authority (CCPA) has banned the use of "dark patterns" on e-commerce platforms in India. A gazette notification issued on November 30 lays down guidelines to prevent and regulate deceptive online practices.

As per the notification, dark patterns are design techniques that intentionally mislead users or manipulate their choices. It includes tactics like forcing additional purchases, misleading representations of discounts or limited availability, and confusing navigation and cancellation processes.

Resorting to such dark patterns will now be considered an unfair trade practice under the Consumer Protection Act 2019. Platforms, advertisers and sellers will face penalties for violating the new guidelines.

Some commonly used dark patterns that have been specifically prohibited include "basket sneaking", where extra unrelated items are automatically added to carts without consent. "Forced action" tactics that force users to purchase or share additional data to access services will also not be allowed.

The notification aims to bring more transparency for consumers while shopping online. It lists 13 potential dark patterns and provides illustrations to clarify the do's and don'ts for companies. CCPA had initially identified ten such patterns but added three more after public consultation.

1. False Urgency

2. Basket Sneaking

3. Confirm Shaming

4. Forced Action

5. Subscription Trap

6. Interface Interference

7. Bait and Switch

8. Drip Pricing

9. Disguised Advertisement

10. Nagging

11. Trick Question

12. SaaS Billing

13. Rogue Malware

The guidelines are expected to help protect consumer interests from manipulative designs and ensure they are not misled into unwanted transactions. This move is significant in regulating India's booming e-commerce sector and safeguarding consumer choice in the digital marketplace.