CCPA notifies Guidelines for Prevention and Regulation of Dark Patterns, 2023 to prevent unfair trade practice

On 30-11-2023, the Central Consumer Protection Authority notified the Guidelines for Prevention and Regulation of Dark Patterns, 2023. The provisions came into force on 30-11-2023.

Key Point:

1. Dark Patterns means any practices or deceptive design pattern using user interface or user experience interactions on any platform that is designed to mislead or trick users to do something they originally did not want to do. This misleading is done by subverting or impairing consumer autonomy and decision making which amounts to misleading advertisement or unfair trade practice or violation of consumer rights.

2. These Guidelines apply to:

   • All platforms which offer systematic goods/ services in India;

   • Advertisers;

   • Sellers.

3. Every person who is included in any platform is prohibited to engage in dark practices.

4. In case of any ambiguity or dispute in interpretation the decision of Central Consumer Protection Authority will be final.

5. In case any dark practice is regulated under any other law, the guidelines will be in addition to and not in derogation of other law.

6. Annexure 1 contains illustrations of Specified Dark Patterns.

   • False Urgency;

   • Basket sneaking;

   • Confirm shaming;

   • Forced Action;

   • Subscription trap;

   • Interface interference;

   • Bait and switch;

   • Drip pricing;

   • Disguised advertisement;

   • Nagging;

   • Trick question;

   • Rogue Malwares.