Dark Patterns: E-commerce platforms to conduct self-audits, address lapses in 3 months

The central government on Saturday directed e-commerce companies to take necessary steps in order to ensure that their platforms do not engage in any trade practice related to dark patterns. In an advisory issued to e-commerce platforms, the Central Consumer Protection Authority (CCPA), under the Ministry of Consumer Affairs, Food and Public Distribution, to conduct self audits within the next three months to detect and address dark patterns on their systems. 

Here are key takeaways from the government’s advisory to e-commerce companies:

During the three-month period, all e-commerce platforms must take necessary measures to make sure that they are free from dark patterns. 

On the basis of self-audit reports, e-commerce companies are “encouraged to give self-declarations that their platform is not indulging in any dark patterns”, according to an official notification. These self-declarations will enable the establishment of a fair digital ecosystem while building trust between consumers and e-commerce platforms.

Notices have been issued to e-commerce platforms in some cases where dark pattern-related violations have been detected. 

The government has formed a joint working group (JWG) to identify and eradicate dark patterns. This group comprises representatives from concerned ministries, regulators, voluntary consumer organisations and national law universities (NLUs). 

The working group will examine and undertake measures to identify dark pattern-related violations in e-commerce platforms. It will share such information with the Department of Consumer Affairs at regular intervals. 

To protect online shoppers and stop unfair tricks used by websites and apps, the government has already made special rules. Called Guidelines to Stop Dark Patterns, these norms list 13 common tricks that companies are not allowed to use, including false urgency, hiding extra items in cart, guilt-tripping, making it difficult to cancel subscriptions, confusing words, and fake ads.

What are dark patterns? How do they impact the consumer?

Dark patterns are design tactics and digital tools crafted deliberately to influence user behaviour. These patterns manipulate users into performing tasks that they might not perform naturally at free will, including making purchases or signing up for services. These patterns often work on cognitive biases and human psychology, benefitting businesses often at the user’s expense. Simply put, dark patterns are tricks deployed by websites or apps to make users do something they might not want to do otherwise.