Dark pattern in digital platforms

In an increasingly digital first environment, organisations are optimising digital experiences to drive engagement, conversion, and customer retention. As digital interactions become an integral part of consumer decision making, regulators are placing greater attention on how choices are designed and presented. Practices commonly referred to as dark patterns, which influence, mislead, or pressure users into taking actions they may not have otherwise taken, are becoming a growing area of regulatory focus across digital ecosystems.

In response, regulators in India have introduced measures to address such practices across digital ecosystems. The Central Consumer Protection Authority (CCPA) established a framework through its Guidelines for Prevention and Regulation of Dark Patterns, 2023. More recently, sectoral regulators including the Insurance Regulatory and Development Authority of India (IRDAI) and the Reserve Bank of India (RBI) have reinforced expectations around fair customer treatment, transparent digital interactions, and responsible design practices.

Dark patterns identified by the CCPA

False urgency

Presents time or availability constraints in a way that may not reflect actual conditions, influencing users to act faster than intended
Basket sneaking

Adds additional products or services to a user’s selection by default or through pre-set options, without clear and explicit user intent or active confirmation
Confirm shaming

Uses language, tone, or framing that creates a sense of discomfort, guilt, or perceived risk to influence users toward acceptance rather than a neutral choice
Forced action

Requires users to take additional or unrelated actions, or share information, as a condition to access the intended product or service
Subscription trap

Creates an imbalance between ease of enrolment and difficulty of cancellation, often through hidden options, unclear steps, or delayed disclosures
Interface interference

Designs interface elements to highlight certain options while obscuring or reducing visibility of alternatives, influencing user choice without explicit restriction
Bait and switch

Presents a specific offer or outcome upfront, but alters availability or replaces it with an alternative during the conversion stage, shifting user choice post engagement

Drip pricing

Delays full price visibility by introducing additional charges progressively as users move closer to transaction completion, limiting their ability to assess the overall cost upfront
Disguised advertisement

Presents promotional content in a format that resembles independent, editorial, or user-generated content, reducing clarity of advertising intent
Nagging

Repeatedly interrupts the user experience through persistent prompts or requests, creating pressure to take a specific action over time
Trick questions

Uses ambiguous or misleading phrasing, including double negatives or unclear options, to guide users toward unintended responses
SaaS billing

Implements recurring billing practices without adequate transparency on renewals, charges, or duration, leading to unintended or unnoticed payments
Rogue malwares

Uses deceptive prompts or false claims to mislead users into installing harmful software disguised as security tools or content access mechanisms

Against this backdrop, organisations are increasingly expected to assess digital journeys through the lens of consumer protection and responsible design. This requires a structured approach to the governance of digital experiences, supported by responsible design practices, periodic assessments of customer journeys, effective oversight, and ongoing monitoring of digital touchpoints. As regulatory expectations continue to evolve, strengthening these capabilities is expected to be critical for enhancing transparency, supporting informed consumer choice, fostering trust, and demonstrating alignment with responsible digital practices and regulatory requirements.