Abstract
India has experienced phenomenal growth in e-commerce in recent years, coinciding with a rise in unethical interface designs, commonly known as “dark patterns,” which exploit consumer vulnerabilities and erode their ability to provide informed consent. This paper explores how dark patterns are utilized and regulated in India, their impact on the consumers and the effectiveness of the present legal framework to manage the problem. Utilizing a doctrinal method, with an analytical and qualitative approach, we have drawn inspiration from India’s extant legislation such as The Consumer Protection Act, 2019 and the guidelines to prevention and regulation of dark patterns, 2023; besides reports, academic texts and publications issued by various bodies of the state. Conclusion The paper demonstrates that the use of dark patterns is widespread among digital interfaces.
An ASCI investigation identified “52 of 53 tested applications across many business domains that use dark patterns.” The patterns include: False urgency “limited stock!” / “sale ends soon!” ; Drip pricing-an extra fee is revealed only during checkout; Subscriptions–easy to subscribe to, but “not so easy” to unsubscribe; Confirm shaming – guilting users into agreeing. While legislation like The Consumer Protection Act, 2019, andGuidelines to prevention and regulation of dark patterns,2023 has created a robust framework, several obstacles remain, including lack of consumer awareness, enforcement difficulties and continually evolving tactics of the platforms that use dark patterns. In addition, issues associated with dark patterns have significant overlapping points with the Data Protection laws such as theDigital Personal Data Protection Act,2023. The work analyses how to create a more appropriate response to this growing challenge by bridging the gap between legislation and its implementation, and evaluate the present regulations in light of the need for enhanced consumer protections.
Key words
Guidelines for Prevention and Regulation of Dark Patterns, 2023,Dark Patterns, E-Commerce Platforms, Consumer Protection, Consumer Autonomy, Unfair Trade Practices, Guidelines for Prevention and Regulation of Dark Patterns, 2023.
Introduction
India is one of the leading countries with exponential growth in the e-commerce sector led by platforms such as. However this is accompanied by dark patterns which are designed to manipulate consumer behaviour unlike the traditional marketplaces. A 2024 ASCI report found 52 out of 53 apps trick consumers to do what they would otherwise not. This is known as design based manipulation.[1] These apps have been downloaded by more than 21 billion users highlighting the vast impact on consumers. This raises concerns regarding consumer autonomy,consent and fair decision making in digital marketplaces.
1. Market Share of E-commerce in India
• The market size of the e-commerce industry across India increased from 14 billion USD in 2014 to 84 billion USD in 2021, showing a growth of 500% in seven years.
• The market size of the e-commerce industry across India is projected to reach 188 billion USD by 2030, according to the data. This means that the market size will more than double in the next nine years.
• The market size of the e-commerce industry across India is expected to peak at 200 billion USD in 2026, according to the data. This implies that the growth rate of the market size will slow down after 2026. [2]
2. What Are Dark Patterns?
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 or unfair trade practice or violation of consumer rights.[3] Dark patterns encompass a wide range of manipulative practices such as drip pricing, disguised advertisement, bait and switch, false urgency etc. Such practices fall under “unfair trade practices” under the Consumer Protection Act, 2019. Dark patterns are deceptive design practices that:
- Make certain decisions appear more easier or more difficult to choose, which influences consumer decision-making.
- It creates a false sense of urgency or scarcity and encourages a fear of missing out (FOMO), such as through “high-demand” or “limited-time offer” messages.
- Shame or pressure consumers into making particular choices by inducing feelings of guilt or social obligation, a practice commonly known as “confirm-shaming”.
- Obstruct or confuse consumers through misleading interface designs including the use of double negatives or unnecessarily complex wording;
- Conceal material information or introduce products and services without the consumer’s clear knowledge or consent – by automatically adding items to a shopping cart.
3. Types of Dark Patterns Recognised under the Guidelines for Prevention and Regulation of Dark Patterns, 2023
The Guidelines for Prevention and Regulation of Dark Patterns, 2023 identify thirteen specific practices that constitute dark patterns. These practices are considered deceptive because they impair consumer autonomy, decision-making, or informed consent.
- False Urgency – Creating a false sense of urgency or scarcity to induce immediate purchases.
- Basket Sneaking – Adding additional products or services to a consumer’s cart without explicit consent.
- Confirm Shaming – Using guilt, fear, or social pressure to influence consumer choices.
- Forced Action – Compelling consumers to purchase additional products or services or disclose unnecessary personal information.
- Subscription Trap – Making it difficult for consumers to cancel a subscription or discontinue a service.
- Interface Interference – Designing interfaces in a manner that highlights certain choices while concealing or discouraging others.
- Bait and Switch – Promising one outcome but delivering a different result after the consumer takes action.
- Drip Pricing – Revealing additional charges only at later stages of the purchasing process.
- Disguised Advertisement – Presenting advertisements in a manner that makes them appear as independent content.
- Nagging – Repeatedly interrupting or prompting consumers to take a particular action.
- Trick Question – Using confusing, ambiguous, or misleading language to obtain consumer consent.
- Software as a Service (SaaS) Billing – Employing recurring payment mechanisms that make cancellation difficult or unclear.
- Rogue Malware – Misleading consumers into believing that their device is infected and inducing them to purchase unnecessary software or services.[4]
4. Impact on consumers
Dark patterns influence consumer behaviour by manipulating the user’s decision-making process thereby undermining principles of freedom of choice, informed consent, transparency and fair trade practices. Through deceptive interface designs, consumers may be induced to make decisions that they would not otherwise have made if provided with clear and accurate information. These practices result in :
- Loss of consumer autonomy : Interfaces are designed to direct users towards predetermined choices rather than allowing genuine and informed decision-making.
- Financial harm : Consumers may make unintended purchases, subscribe to unwanted services, or spend more than intended.
- Reduced informed consent, as important information is hidden, obscured, or presented in a misleading manner.
- Psychological pressure and manipulation, including the use of guilt, social pressure, or fear of missing out (FOMO) to influence consumer behaviour.
- Consumer confusion and frustration, caused by misleading navigation, complex wording, double negatives, or obstructive cancellation processes.
- Erosion of trust in digital markets, as consumers become less confident in the fairness and transparency of online platforms.
Review of Literature
This research paper uses a combination of primary and secondary resources focusing on the study of existing dark patterns in India. These discuss the growth of e-commerce, dark patterns and its types, impact on consumers and the need for stringent regulatory actions.
The report published by ASCI academy in collaboration with Parallel analyzed over 53 apps out of which 52 apps reported use of deceptive patterns across nine industries. Health-tech applications were found to have the highest usage of dark patterns followed by fintech and travel booking sectors. [5]
The journal article published by the International Journal for Multidisciplinary Research (IJFMR) critically examines the adequacy of existing legal framework in protecting consumers against deceptive online design strategies. It analyses statutory provisions, regulatory powers, judicial interpretations and emerging challenges and proposes reforms for strengthening consumer digital rights in India.[6]
Government publications also highlight the growing regulatory concern surrounding dark patterns in India. The press release issued by the Department of Consumer Affairs emphasises that deceptive interface designs constitute unfair trade practices under the Consumer Protection Act, 2019 and undermine consumer rights. It also discusses the introduction of the Guidelines for Prevention and Regulation of Dark Patterns, 2023, stakeholder consultations and initiatives aimed at identifying and preventing deceptive online practices. They reflect the government’s recognition of dark patterns as a significant consumer protection issue in the digital marketplace.[7]
The existing literature provides valuable insights into the nature, prevalence, and consequences of dark patterns, as well as the regulatory measures adopted to address them. However, limited attention has been given to evaluating the effectiveness of the recently introduced Guidelines for Prevention and Regulation of Dark Patterns, 2023 and their practical implementation. Therefore, a gap exists in assessing whether the current regulatory framework and enforcement mechanisms provide adequate protection against evolving forms of digital manipulation. The present study seeks to address this gap through a critical examination of the Indian legal framework governing dark patterns.
Research Problems
The rapid growth of digital marketplaces following the COVID – 19 pandemic has witnessed increased emergence of dark patterns manipulating consumer choices that question consumer choices, informed consent and fair trade practices. This leads consumers into making decisions which they would not have made otherwise such as buying unwanted products, buying subscriptions or sharing their personal data. Although India has introduced the Guidelines for Prevention and Regulation of Dark Patterns, 2023 to address such practices, the central question remains the adequacy of the existing regulatory framework and its effectiveness in protecting consumers from this manipulation. This raises the question whether the current legal regulations are sufficient to provide consumer protection in the digital marketplace.
Research Objectives
The paper aims to analyse :
- To examine the nature and prevalence of dark patterns in e-commerce platforms.
- To analyse the impact of dark patterns on consumers and their decision-making processes.
- To evaluate the effectiveness of the Guidelines for Prevention and Regulation of Dark Patterns, 2023 in protecting consumers.
- To recommend measures for improving the regulation of dark patterns in India.
Research Methodology
The study adopts a doctrinal and analytical method of legal research. The research is primarily based on analysis of legal and regulatory materials relating to dark patterns in e-commerce platforms. Primary sources include the Consumer Protection Act, 2019, the Guidelines for Prevention and Regulation of Dark Patterns, 2023, relevant rules, notifications, and government publications. Secondary sources comprise journal articles, research papers, reports and studies published by organisations such as the Advertising Standards Council of India (ASCI).
The study examines the concept, prevalence, and impact of dark patterns on consumer rights and decision-making. It further analyses the adequacy of the existing legal framework governing dark patterns in India and evaluates the effectiveness of the Guidelines for Prevention and Regulation of Dark Patterns, 2023.
A critical analysis of the available literature and legal provisions has been undertaken to identify regulatory gaps and suggest measures for strengthening consumer protection in the digital marketplace.
Legal Framework
Over time, increased prevalence of these dark patterns on digital platforms warrants the use of legal interventions to protect consumers against deception. The framework under Indian law, primarily falls on the shoulders of the Consumer Protection Act, 2019 and Guidelines for Prevention and Regulation of Dark Patterns, 2023 along with powers vested with the Central Consumer Protection Authority (CCPA). Together these laws aim to preserve and protect consumer rights, foster fairness in the digital market and to encourage transparency.
The Consumer Protection Act, 2019 serves as the fundamental legal statute aimed at protecting consumers against unfair practices. Important consumer rights like the right to be informed, the right to choose and the right to redressal against such malpractices have been recognized by this Act. Though it may not explicitly define dark patterns, such patterns can be categorized under the umbrella of “unfair trade practices” as they amount to misinforming the consumer. In addition to this, The Consumer Protection Act is also an important legal footing for Curbing Deceptive practices in the e-commerce space.
The Indian government in the endeavor to tackle the pervasive dark pattern culture has come out with Guidelines for Prevention and Regulation of Dark Patterns, 2023.
These Guidelines define dark patterns as deceptive user interface practices designed to mislead or manipulate users into taking decisions that they would not have otherwise chosen to take. Thirteen types of dark patterns including but not limited to misleading urgency, basket sneak, confirmed shaming, subscription trap, drip pricing, disguised advertisements, and false subscription have been listed as prohibited dark patterns.The enforcement responsibilities to investigate dark pattern practices, initiation of investigations, imposing directions and taking actions against deceptive and unethical business practices have been bestowed on CCPA.
Also, numerous governmental initiatives to strengthen the consumer’s digital protection mechanisms, including Jago Grahak Jago App, Jagriti App and Jagriti Dashboard have been implemented by the Government to increase consumer awareness, allow consumers to report dark patterns, and monitor the compliance measures undertaken by businesses.
Intersection Between Dark Patterns and Data Privacy
Not only from a consumer protection point of view are dark patterns problematic but they also create several data privacy concerns. It is a critical issue now, given the enactment of Digital Personal Data Protection Act, 2023 (‘DPDPA’) by the Government of India which regulates processing of personal data within the Indian jurisdiction.
The Digital Personal Data Protection Act, 2023 identifies “data fiduciaries” as entities that determine the purpose and means of processing personal data, whereas, individuals, who are the subject of that data, are called “data principals”.
It can be broadly said that most of the e-commerce companies qualify as a “data fiduciaries” as they are collecting and processing consumer information such as personal details, phone numbers, emails etc. Of the individuals. Under Section 4 of the DPDPA, processing of personal data shall be on the basis of consent provided freely, informed, specific and without condition. Also, Section 8 of the DPDPA says that each data fiduciary shall adhere to the provisions of this Act. 4 Therefore, given the mechanism of dark patterns to dupe the users to share personal information and obtaining the consent of users to utilize their data in a non-consensual and often covert manner can lead to potential violations of data protection laws. Hence, a liability for the dark pattern may arise from consumer protection law and data protection law.
How Dark Patterns Create Privacy Risks
Certain dark patterns directly interfere with users’ privacy and control over personal information. One such practice is forced action, where consumers are required to disclose personal information that may not be necessary for accessing a product or service. This may include providing contact details, linking social media accounts, or sharing additional identity-related information before completing a transaction.
Subscription traps also raise privacy concerns by requiring users to provide payment information and consent to recurring payments without adequately disclosing cancellation procedures or renewal terms. Consumers may therefore continue sharing personal and financial information without fully understanding the consequences of their consent.
Another common practice is nagging, which involves repeated prompts, notifications, and interruptions that pressure users into sharing personal information or accepting particular choices. Such persistent requests may influence consumers to disclose information they would otherwise choose not to provide. These practices undermine informed consent and conflict with the principles of transparency and user autonomy that form the basis of modern data protection laws.
Are Consumers Adequately Protected?
India has taken significant steps towards addressing dark patterns and strengthening consumer protection in digital marketplaces. The Consumer Protection Act, 2019 provides a broad legal framework for regulating unfair trade practices, while the Guidelines for Prevention and Regulation of Dark Patterns, 2023 specifically identify and prohibit deceptive design practices. The establishment of the CCPA and various government initiatives further strengthen the regulatory framework by providing mechanisms for enforcement, monitoring, and consumer awareness.
However, several challenges continue to limit the effectiveness of these measures. Dark patterns are constantly evolving, making it difficult for regulations to keep pace with new forms of digital manipulation. Enforcement also remains challenging due to the scale and complexity of online platforms. Additionally, many consumers remain unaware of their rights and the deceptive techniques employed by digital businesses. The absence of extensive judicial precedents and the cross-border nature of digital platforms further complicate regulatory enforcement.
Therefore, although India has established an important legal framework for combating dark patterns, consumers cannot yet be regarded as fully protected. Greater enforcement, increased consumer awareness, regular monitoring of digital platforms, and continuous regulatory adaptation are necessary to effectively address emerging forms of digital manipulation.
Findings
The analysis reveals that dark patterns have become a significant concern within India’s rapidly expanding e-commerce sector. These practices undermine consumer autonomy, informed consent, and transparency by influencing purchasing decisions through deceptive interface designs. The Consumer Protection Act, 2019 and the Guidelines for Prevention and Regulation of Dark Patterns, 2023 provide a strong legal foundation for addressing such practices. The study further finds that dark patterns may also create privacy-related concerns by affecting the validity of consent and encouraging excessive collection of personal data. Although recent government initiatives demonstrate a commitment to consumer protection, enforcement challenges and limited consumer awareness continue to hinder the effectiveness of the existing framework. Consequently, while substantial progress has been made, further efforts are required to ensure comprehensive protection against dark patterns in the digital marketplace.
SUGGESTIONS
Stronger enforcement under CCPA and increased technical capability to identify emerging dark patterns is needed to counter the challenges identified. Regular interface audit of key digital platforms for compliance with extant guidelines needs to be introduced. Clearer, and well-illustrated, legal definitions will lead to more consistent enforcement. Cooperation between data protection law and consumer protection law is needed on issues common to both, including consent and data misuse.
Consumers should be constantly updated with awareness programs and education on digital literacy to enable them to identify harmful patterns. The use of ethical design frameworks by digital platforms and their in-house compliance should also be promoted. Creation of judicial precedents for dark patterns should also be undertaken.
CONCLUSION
The current study established the pervasive nature of dark patterns within India’s digital market by exploiting and undermining consumer autonomy, obtaining implicit user consent under deceptive pretenses and maintaining low levels of transparency throughout online transactions. From misleading inducements through creating a false sense of urgency, deceptive costs like drip pricing, a loss-of-control experience like subscription traps to guilt trips using the confirm shaming technique-there is a considerable threat posed by the design of interactive digital interfaces toward influencing how a user actually interacts with services online. Although, over time, India’s legal landscape has evolved and come to address dark patterns under the Consumer Protection Act, 2019 and more concretely by way of the Guidelines for Prevention and Regulation of Dark Patterns, 2023, actual enforcement and operationalization are still lagging.
Various challenges have stifled effective implementation, which includes a lack of consumer awareness with respect to such practices, continuously developing digital market behaviours and an insufficient capacity within the Indian regulatory system to oversee all digital entities.
Notwithstanding the aforementioned important steps being taken to address dark patterns in the digital ecosystem, it is clear that consumers today cannot consider themselves adequately safe from being the victims of such practices on the Internet.
Riyaa Mutreja
ILS Law College, Pune.
[1] The Advertising Standards Council of India (2024) ASCI
[2] Id
[3] The Hindu Centre, Ministry of Consumer Affairs,Food and Public Distribution https://www.thehinducentre.com/the-arena/current-issues/69266142-Draft-Guidelines-for-Prevention-and-Regulation-of-Dark-Patterns-2023.pdf
[4] SCC Online, Guidelines for Prevention and Regulation of Dark Patterns, 2023, No. CCPA-1/1/2023-CCPA-(Reg) (Cent. Consumer Prot. Auth. Nov. 30, 2023).
[5] ASCI & ASCI Academy, 52 out of 53 of Top Apps in India Use Deceptive Patterns, supra note 1.
[6] Dr. Gayatri Sharma, Dark Patterns and Digital Deception: A Critical Analysis of Consumer Protection under the Consumer Protection Act, 2019 in India.
https://www.ijfmr.com/papers/2026/1/69005.pdf
[7] Ministry of Consumer Affairs, Food & Public Distribution, 26 Leading E-Commerce Platforms Declare Compliance with Self-Audit to Eliminate Dark Patterns, (Nov. 20, 2025, 10:59 AM) https://www.pib.gov.in/PressReleasePage.aspx?PRID=2191948®=48&lang=2