Guidelines Notified For Prevention And Regulation Of Dark Patterns

The Department of Consumer Affairs, under the Ministry of Consumer Affairs, Food and Public Distribution, has recently notified the Guidelines for Prevention and Regulation of Dark Patterns, 2023 ('Guidelines'). The same have been also enforced by the Central Consumer Protection Authority on 30 November 2023.

The key provisions are summarised below.

Key definitions and applicability

The Guidelines prohibit engaging in any 'dark pattern practices' and apply to 'advertisers', 'sellers' and all 'platforms', which systematically offer goods and services in India. The definitions of these terms are set out below.

'Dark Patterns' mean any practices 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 advertisement