26 Dec 2023
In a move indicative of the Indian government’s inclination to align its regulatory framework with the global approach to the regulation of dark patterns, the Central Consumer Protection Authority (CCPA) recently notified the Guidelines for Prevention and Regulation of Dark Patterns, 2023 (Guidelines) under the Consumer Protection Act, 2019 (CPA). The Guidelines modify certain dark patterns identified in the draft guidelines issued earlier for consultation and add new dark patterns that were not present in the draft guidelines (discussed in detail below).
The Guidelines are likely to be a significant step towards safeguarding consumer interests in the digital space. Notably, the Guidelines add to the guidance provided under the ‘Guidelines for Online Deceptive Design Patterns in Advertising’ issued by the Advertising Standards Council of India (ASCI) in June 2023, which is a self-regulatory organisation in the marketing and media sector.
The Guidelines define ‘dark patterns’ as deceptive patterns or practices deployed in the user interface or user experience (UI/UX) interactions that are designed to mislead or trick users into doing an action they did not originally intend to do. As a result, they subvert or impair consumer autonomy, decision making or choice, and amount to misleading advertisements or unfair trade practice or violation of consumer rights under the CPA.
The Guidelines apply to:
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