Centre Urges E-Commerce Platforms to Self-Audit and Eliminate Dark Patterns

#ConsumerRights #DarkPatterns #ECommerce #DigitalTrust #FairTradePractices #CCPA #ConsumerProtection #OnlineSafety #IndiaDigitalCommerce #ConsumerAffairs

New Delhi: The Central Consumer Protection Authority (CCPA), under the Department of Consumer Affairs, has intensified its efforts to ensure a transparent and fair digital marketplace by urging e-commerce platforms to conduct self-audits and eliminate “dark patterns”—deceptive design practices that mislead or coerce consumers into unintended actions.

The government’s initiative follows a detailed advisory issued on June 5, 2025, which mandates all e-commerce platforms to review their interfaces, identify manipulative practices, and submit self-declarations confirming that they are not engaging in unfair trade practices.

What are Dark Patterns?

Dark patterns are design tactics and user interface techniques deliberately created to trick consumers into making choices they would not otherwise make. These include methods such as drip pricing (where hidden costs are revealed late in the purchasing process), false urgency (pressuring consumers with misleading countdowns or stock warnings), bait and switch (promising one product but delivering another), and disguised advertisements that mislead users by masquerading as genuine content.

Such practices are explicitly considered “unfair trade practices” under Sub-section 47 of Section 2 of the Consumer Protection Act, 2019.

Guidelines for Prevention and Regulation of Dark Patterns, 2023

To tackle the growing menace of dark patterns, the CCPA had issued the “Guidelines for Prevention and Regulation of Dark Patterns, 2023” on November 30, 2023. The guidelines list 13 key types of dark patterns, namely:

False Urgency
Basket Sneaking
Confirm Shaming
Forced Action
Subscription Traps
Interface Interference
Bait and Switch
Drip Pricing
Disguised Advertisements
Nagging
Trick Wording
SaaS Billing
Rogue Malwares

These guidelines apply to all e-commerce platforms, digital service providers, and online marketplaces to ensure ethical, consumer-friendly design and protect digital buyers from being misled or manipulated.

High-Level Meeting with E-Commerce Platforms

In a move to promote dialogue and industry compliance, the Department of Consumer Affairs convened a high-level meeting on May 28, 2025, chaired by the Hon’ble Minister of Consumer Affairs, Food & Public Distribution and New and Renewable Energy.

The meeting was attended by major e-commerce companies, industry associations, Voluntary Consumer Organizations (VCOs), and legal experts from National Law Universities (NLUs). The discussions focused on the need to identify and eradicate deceptive online practices that compromise consumer rights.

Following the deliberations, the CCPA issued an advisory instructing all platforms to self-audit their digital interfaces within three months of the advisory date and eliminate any identified dark patterns.

Self-Audit and Reporting Mandate

According to the June 5, 2025 advisory, all e-commerce platforms are required to:

Conduct a self-audit of their platforms to detect the presence of dark patterns.
Rectify any manipulative practices that violate consumer protection norms.
Submit self-declarations confirming that they have removed all identified dark patterns from their platforms.

The advisory aims to create a “fair, ethical, and consumer-centric digital ecosystem”, while enhancing trust and transparency between consumers and online platforms.

Creation of a Joint Working Group

To ensure effective implementation, a Joint Working Group (JWG) was formed through an office memorandum dated June 5, 2025. The JWG comprises representatives from various ministries, National Law Universities, and Voluntary Consumer Organizations, who will collaborate to:

Identify new and emerging dark patterns in the online marketplace.
Recommend measures to prevent manipulative user interface designs.
Work with stakeholders to create a transparent and user-centric online environment.

Government’s Position on Dark Patterns

The Union Minister of State for the Ministry of Consumer Affairs, Food and Public Distribution, Shri B.L. Verma, in his written reply to the Rajya Sabha today, reiterated that the government is committed to safeguarding consumer rights in the digital age. He stressed that dark patterns erode consumer trust, misguide purchasing decisions, and undermine fair trade practices.

The Minister emphasized that proactive self-regulation by e-commerce platforms would help create a level playing field, where genuine businesses thrive while deceptive practices are eliminated.

Industry Implications and Consumer Impact

E-commerce platforms have been put on notice to take immediate steps towards compliance. Industry experts believe that these measures will:

Enhance consumer trust by ensuring a more transparent shopping experience.
Prevent hidden charges or misleading advertisements that often lead to post-purchase dissatisfaction.
Encourage ethical competition among e-commerce players.

Consumer rights organizations have welcomed the move, stating that it will empower digital buyers to make informed decisions without falling prey to psychological manipulation through misleading interface designs.

Way Forward

The government’s crackdown on dark patterns is expected to usher in greater accountability within India’s booming digital commerce sector. By promoting a culture of self-audit and self-regulation, the authorities aim to strike a balance between consumer protection and innovation in digital marketplaces.

Platforms are now under pressure to review all pricing models, checkout flows, and subscription features to ensure compliance with the guidelines. The coming months will be critical as platforms submit their self-declaration reports, and the Joint Working Group begins its work on monitoring and identifying deceptive patterns.