India’s Crackdown On Dark Patterns In The Digital Economy

India has taken a decisive step forward in curbing manipulative digital practices with the Central Consumer Protection Authority (CCPA)’s Guidelines for Prevention and Regulation of Dark Patterns, 2023. Building on these foundational rules, the CCPA issued a fresh advisory on June 5, 2025, demanding proactive compliance by digital platforms to identify and eliminate dark patterns from their interfaces within three months. This comprehensive regulatory action marks a turning point in consumer rights enforcement in India’s growing digital marketplace.

Regulatory Background

Dark patterns are defined under the 2023 guidelines as deceptive user interface (UI/UX) practices designed to trick or mislead users into actions they would not otherwise take—for example, purchasing, sharing data, or subscribing to services—thus violating consumer autonomy and often constituting unfair trade practices.

The guidelines, issued under Section 18 of the Consumer Protection Act, 2019, are applicable to: – All digital platforms offering goods or services in India – Advertisers and sellers – Marketplace and inventory e-commerce entities.

The June 2025 advisory intensifies this regulatory regime, issuing:

• Compliance notices to over 50 platforms across sectors including e-commerce, fintech, travel, streaming, food-tech, and med-tech.
• A three-month deadline for comprehensive self-audit and dark pattern removal.
• An appeal for voluntary public compliance declarations by platforms.

13 Identified Prohibited Dark Patterns

Highlights of the June 2025 Advisory

• Platforms must conduct full self-assessments of all digital journeys and interfaces.
• Audit reports must document dark pattern types, prevalence, and remedial actions.
• Platforms are urged to issue public declarations of compliance.
• A Joint Working Group (JWG), including government agencies, law schools, and consumer bodies, has been tasked with reviewing implementation.
• Legal consequences for non-compliance include monetary penalties and corrective directives under the Consumer Protection Act.

Strategic and Legal Implications

Businesses must now: –

1. Redesign interfaces to avoid deception and secure informed consent.
2. Update privacy policies, subscription workflows, and pricing displays.
3. Implement internal compliance frameworks aligned with UI/UX ethics.
4. Be prepared for regulatory audits and penalties in cases of continuing violations.

To ensure compliance with the 2023 guidelines and the June 2025 advisory, businesses must now undertake a thorough transformation of their digital operations:

1. Redesign Interfaces to Avoid Deception and Secure Informed Consent
   • Platforms must critically assess their user journeys, particularly during onboarding, checkout, and subscription flows. All prompts, pop-ups, and interface components must be transparent and free of manipulation.
   • For example, eliminating pre-ticked boxes for additional charges or add-on services, and using clear, neutral language for opt-in/opt-out buttons.
   • Interfaces should also include easily accessible “cancel” or “decline” options that are visually equivalent to “accept” choices.
2. Update Privacy Policies, Subscription Workflows, and Pricing Displays
   • Businesses must align their policies and processes with the principles of full disclosure and user autonomy.
   • Subscription models must clearly communicate the duration of free trials, the start of billing, and cancellation methods.
   • Pricing disclosures should be upfront and cover all mandatory charges before the final payment page, thereby eliminating drip pricing.
   • Privacy policies should reflect clarity about consent for data usage and allow granular control over tracking and data-sharing options.
3. Implement Internal Compliance Frameworks Aligned with UI/UX Ethics
   • Companies must institutionalize dark pattern prevention as part of their compliance and product development lifecycle.
   • This includes training design, product, and legal teams on the 13 specified dark patterns.
   • Periodic internal audits of customer interfaces must be conducted, supported by checklists, risk logs, and documented approval mechanisms for new user-facing features.
4. Be Prepared for Regulatory Audits and Penalties in Cases of Continuing Violations
   • With the Joint Working Group (JWG) actively monitoring implementation and the CCPA empowered to penalize non-compliance, platforms must stay audit-ready.
   • This includes retaining records of audit results, remedial actions, and compliance declarations.
   • Non-compliant platforms may face warnings, delisting orders, public notices, or monetary penalties under the Consumer Protection Act, 2019.

By approaching compliance as a continuous obligation—not a one-time fix—businesses can turn this regulatory requirement into a strategic advantage through enhanced consumer trust, transparency, and ethical design.

The CCPA’s June 5, 2025 advisory is a pivotal moment in India’s digital regulation landscape. By mandating a time-bound self-audit regime and encouraging transparency, it reinforces the principles of fairness, clarity, and respect for user autonomy. Platforms that proactively comply will not only mitigate legal risk but also gain consumer trust in a maturing digital economy.

References:

1. https://ksandk.com/wp-content/uploads/Draft-Guidelines-for-Prevention-and-Regulation-of-Dark-Patterns-2023.pdf
2. https://ksandk.com/wp-content/uploads/CCPA-Advisory-dated-05.06.2025.pdf