Dark Patterns As A Corporate Governance Issue: Why Governance Must Begin Within The Business

I. Introduction

A consumer books a service online at a price that appears final, only to discover at checkout that an additional amount has already been added, a subscription has been selected by default, or the option to refuse has been made less visible than the option the platform prefers. The consumer may technically remain free to click “no”, but the interface has already shaped the decision. This is the basic concern behind dark patterns, which use design and choice architecture to steer, deceive or pressure users into decisions they may not otherwise have taken.

Recognizing the risks that such practices pose to informed consumer choice, the Central Consumer Protection Authority (“CCPA”) issued the Guidelines for Prevention and Regulation of Dark Patterns, 2023, on 30 November 2023, identifying thirteen specified dark patterns including false urgency, basket sneaking, confirm shaming, forced action, subscription traps, interface interference and drip pricing. Actively