Introduction

On November 30, 2023, the Central Consumer Protection Authority (“CCPA”) notified the Guidelines for Prevention and Regulation of Dark Patterns, 2023 (“Guidelines”), which aim to safeguard the rights of consumers on e-commerce platforms, websites and applications by prohibiting the use of dark patterns. These Guidelines come close in the footsteps of the Guidelines for Online Deceptive Patterns in Advertising, issued by the Advertising Standards Council of India in June, 2023.

Dark patterns are defined under the Guidelines as any practices or deceptive design patterns, using user interface or user experience interactions, that are designed to mislead or trick users into doing something they did not intend to do.

One of the core principles of consumer protection is the right to make informed choices. By definition, dark patterns constitute dishonest and unethical techniques that undermine this core principle. An individual or platform that indulges in one or more of the dark pattern practices identified in the Guidelines would be in contravention of the Guidelines and run the risk of being penalised under the Consumer Protection Act, 2019.