Unpacking the guidelines for prevention and regulation of dark patterns, 2023

Guidelines on dark pattern have been notified on 30.11.2023 prohibiting any person or platform from engaging in any dark patterns practice. Compliance of these guidelines is important for the companies operating through consumer-facing applications/platforms. The guidelines are coinciding with a discussion around the Digital Personal Data Protection Act, 2023, which aims for consent-based approach for collection and processing of data.  

The following actions on the consumer are all considered dark patterns: 

• False Urgency – Creating artificial scarcity or time pressure. 
  

• Basket Sneaking – Adding extra items or charges without the consent of customer. 
  

• Confirm Shaming – Emotionally pressuring users into choices. 
  

• Forced Action – Compelling users to share data or subscribe to unrelated services. 
  

• Subscription Traps – Making cancellation difficult or confusing. 
  

• Interface Interference – Highlighting or hiding information to alter user choices. 
  

• Bait and Switch – Showing one outcome but delivering another. 
  

• Drip Pricing – Revealing full costs only at the final step. 
  

• Disguised Advertisements – Presenting ads as genuine content. 
  

• Trick Questions – Using misleading language to prompt unwanted actions. 
  

• Rogue Malwares – Misleading users into downloading harmful software. 
  

It is important for the product teams to design every touchpoint in a manner which is easy to navigate, and free from manipulative nudges. Now, it’s a law to ensure that consumer are adequately informed and that consent is free and fair. Check out the link to see the pictorial representation of the dark patterns. 

Please feel free to reach out to our Team to discuss any of the Technology Law, Competition Law and Policy Issues.

To view full article, download the file below :

Guidelines-for-Prevention-and-Regulation-of-Dark-Patterns.pdf

Download PDF • 10.55MB