In 2023, Government of India, with an aim to curb unfair practices in e-commerce and online services, had notified the Guidelines for Prevention and Regulation of Dark Patterns (“Guidelines”) and specified a list of dark patterns including false urgency, basket sneaking, confirm shaming, forced action, subscription trap etc. Dark patterns are deceptive UI/ UX design practices that manipulate consumer choices, violating consumer rights and constituting unfair trade practices.
In furtherance to these Guidelines, the Central Consumer Protection Authority (“CCPA”), issued an advisory on June 5, 2025, to address the use of dark patterns on e-commerce platforms (“Advisory”). Despite the Guidelines for Prevention and Regulation of Dark Patterns, 2023, which outline 13 specific types of dark patterns, the CCPA has noted their continued presence on e-commerce platforms. The advisory emphasizes compliance with the Consumer Protection (E-Commerce) Rules, 2020, particularly Rule 4(9), which mandates explicit and affirmative consumer consent for purchases, prohibiting automatic consent mechanisms like pre-ticked checkboxes.
To ensure compliance with the afore-mentioned, the CCPA has directed all e-commerce platforms to conduct self-audits within 3 (three) months from the date of the Advisory, to identify and take necessary steps to ensure that their platforms are free from dark patterns. Platforms are encouraged to give self-declarations confirming their platform is not indulging in dark patterns.
It is pertinent to note that the Advisory is ambiguous as to whether an e-commerce platform is required to submit the self-declaration to the CCPA or merely display it on its website/ application. However, a holistic reading of the Advisory suggests that the purpose of 'giving' the self-declaration is to build trust between e-commerce platforms and consumers, which can be effectively achieved if the self-declaration is published on the e-commerce platform’s websites/ applications.
The Advisory also calls for widespread dissemination by e-commerce entities, industry associations, voluntary consumer organizations, and academic institutions to raise awareness and reinforce the importance of eliminating dark patterns. This initiative presents an opportunity for businesses to enhance consumer trust and align with regulatory requirements.
Notably, the government has recently constituted a Joint Working Group (JWG) with a mandate to examine and undertake measures to identify instances of Dark Patterns practices on e-commerce platforms and recommend appropriate initiatives to create awareness amongst the consumers.
