In a move to safeguard the interests of consumers, the Indian government has implemented a ban on the use of “dark patterns” on e-commerce platforms. These practices are designed to deceive and manipulate customers, and the ban aims to prevent such unfair trade practices. The Central Consumer Protection Authority (CCPA) has issued guidelines to regulate dark patterns and ensure clarity among stakeholders about what constitutes unacceptable practices.

Defining Dark Patterns

The guidelines define dark patterns as deceptive design patterns or user interface interactions that mislead or trick users into taking actions they did not initially intend or want. These patterns subvert consumer autonomy and decision-making, impairing their ability to make informed choices.

The gazette notification highlights several types of dark patterns that are commonly used. One such pattern is “basket sneaking,” wherein additional items are included at the checkout stage without the user’s consent, resulting in the user paying a higher total amount. Another pattern called “forced action” compels users to take additional steps or provide personal information to access the product or service they originally intended to purchase or subscribe to.

By banning dark patterns, the government aims to protect consumer rights and prevent misleading advertisements and unfair trade practices. Platforms that engage in such practices will face penalties under the Consumer Protection Act. These guidelines aim to bring clarity to all stakeholders, including buyers, sellers, marketplaces, and regulators, regarding what constitutes unfair trading practices.

The CCPA has identified 13 dark patterns to guide the industry in avoiding these deceptive practices. This list was initially composed of 10 patterns, but after public consultation, three additional patterns were included. By specifying these patterns, the CCPA aims to raise awareness among industry players and discourage the use of such manipulative tactics.

The ban on dark patterns is a significant development for e-commerce platforms operating in India. These platforms must review their user interface and experience interactions to ensure compliance with the guidelines. By doing so, they can build trust among consumers and avoid penalties for violating consumer rights.

The ban on dark patterns is a crucial step towards protecting consumers from deceptive practices in the digital marketplace. By implementing these guidelines, the Indian government intends to create a fair and transparent environment for e-commerce platforms, buyers, and sellers. It is essential for all stakeholders to adhere to these guidelines to build trust and ensure the well-being of consumers.

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