CCPA Issues Advisory to E-Commerce Platforms on Eliminating Dark Patterns

The Central Consumer Protection Authority (CCPA) has issued an advisory directing all e-commerce platforms to take appropriate measures to ensure that they do not engage in deceptive or unfair trade practices classified as dark patterns.

E-commerce platforms have been instructed to conduct self-audits within three months of the advisory's issuance to identify and eliminate any dark patterns present on their platforms. Based on the outcomes of these audits, platforms are encouraged to submit self-declarations affirming that they do not deploy dark patterns. Such declarations aim to foster a fair digital marketplace and strengthen consumer trust in e-commerce platforms.

The CCPA has also taken enforcement actions in instances where e-commerce entities were found violating the Guidelines for Prevention and Regulation of Dark Patterns, including issuing formal notices. All platforms are therefore urged to avoid using manipulative design interfaces that mislead consumers or interfere with their decision-making. The Authority continues to closely monitor violations of these guidelines, having already observed instances of dark patterns on various platforms.

To support regulatory oversight, the Department of Consumer Affairs has established a Joint Working Group (JWG), comprising representatives from relevant ministries, regulators, consumer rights organizations, and National Law Universities. The JWG is tasked with identifying instances of dark pattern violations, regularly reporting findings to the Department, and recommending awareness programs to educate consumers.

As part of its broader consumer protection strategy in the digital economy, the Department of Consumer Affairs notified the Guidelines for Prevention and Regulation of Dark Patterns in 2023. These guidelines identify 13 specific dark patterns, including:

• False Urgency

• Basket Sneaking

• Confirm Shaming

• Forced Action

• Subscription Trap

• Interface Interference

• Bait and Switch

• Drip Pricing

• Disguised Advertisements

• Nagging

• Trick Wording

• SaaS Billing

• Rogue Malwares

These efforts underscore the government’s commitment to safeguarding consumer rights and ensuring transparency and fairness in online commerce and digital services.