On 30 November 2023, the Central Consumer Protection Authority
(CCPA), issued and notified under section 18 of the Consumer
Protection Act 2019 (Act), the 'Guidelines for Prevention and
Regulation of Dark Patterns, 2023' (Guidelines) with a view to
prohibit any person or platform from engaging in any dark pattern
practice. The Guidelines would be applicable to all platforms,
systematically offering goods or services in India, advertisers and
sellers.
Background and Overview of Guidelines
Dark patterns - a term that has recently garnered the attention
in the digital marketplace and of regulators across the world, has
been defined by the CCPA as 'any practice or deceptive
design pattern using user interface or user experience interactions
on any platform that is designed to mislead or trick users to do
something they originally did not intend or want to do, by
subverting or impairing the consumer autonomy, decision making or
choice, amounting to misleading
