**Executive Summary:**
In response to concerns about deceptive online practices, the Indian government issued Guidelines for Prevention and Regulation of Dark Patterns, 2023, identifying 13 specific dark patterns in the e-commerce sector. An advisory was issued on June 5, 2025, urging e-commerce platforms to conduct self-audits to detect and eliminate dark patterns within three months. The government has also taken steps to strengthen the Consumer Protection E-Commerce Rules, 2020, and has the power to impose penalties for non-compliance.
**Key Points / Main Content:**
* **Guidelines for Prevention and Regulation of Dark Patterns, 2023:**
* Issued on November 30, 2023, by the Central Consumer Protection Authority.
* Lists 13 specified dark patterns identified in the e-commerce sector, 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
* **Advisory on Self-Audit by E-Commerce Platforms:**
* Issued on June 5, 2025, by the Central Consumer Protection Authority.
* Advises e-commerce platforms to conduct self-audits to identify dark patterns within three months.
* Requires e-commerce platforms to provide self-declarations affirming their platforms do not engage in dark patterns.
* **Joint Working Group:**
* Constituted on June 5, 2025.
* Comprises representatives from Ministries, National Law Universities, and Voluntary Consumer Organizations.
* Aims to identify dark patterns and promote a transparent online environment.
* **Consumer Protection E-Commerce Rules, 2020:**
* Outlines the responsibilities of e-commerce entities.
* Specifies the liabilities of marketplace and inventory e-commerce entities.
* Includes provisions for consumer grievance redressal.
* **Penalties for Non-Compliance:**
* The Central Government can impose a penalty of up to ten lakh rupees for false or misleading advertisements by a manufacturer or endorser.
* Subsequent contraventions may result in a penalty of up to fifty lakh rupees.
**Impact Analysis:**
* **E-Commerce Platforms:**
* *Impact:* Required to comply with the Guidelines for Prevention and Regulation of Dark Patterns, 2023, and the Consumer Protection E-Commerce Rules, 2020.
* *Action Required:* Conduct self-audits to identify and eliminate dark patterns within three months of the advisory (by September 5th, 2025), provide self-declarations, and ensure compliance with consumer grievance redressal mechanisms.
* **Consumers:**
* *Impact:* Increased protection from deceptive online practices and unfair trade practices in e-commerce.
* *Action Required:* Be aware of the 13 identified dark patterns.
* **Manufacturers and Endorsers:**
* *Impact:* Liability for false or misleading advertisements, subject to potential penalties.
* *Action Required:* Ensure advertisements are not false or misleading to avoid penalties.
* **Ministries, National Law Universities, and Voluntary Consumer Organizations:**
* *Impact:* Collaboration within the Joint Working Group to identify dark patterns and promote a transparent online environment.
* *Action Required:* Participate in the Joint Working Group and contribute to identifying dark patterns.
Key Entities Referenced
Guidelines for Prevention and Regulation of Dark Patterns, 2023: A set of guidelines issued by the Indian government to prevent and regulate dark patterns, which are deceptive design practices used in the eCommerce sector.
Consumer Protection ECommerce Rules, 2020: Rules notified by the Department of Consumer Affairs under the Consumer Protection Act, 2019, outlining the responsibilities of e-commerce entities and specifying liabilities.
Consumer Protection Act, 2019: An act of the Parliament of India to provide for protection of the interests of consumers and for the purpose, to establish authorities for timely and effective administration and settlement of consumers' disputes.
Central Consumer Protection Authority: An authority established under the Consumer Protection Act, 2019, responsible for safeguarding consumer rights and promoting fair trade practices.
Department of Consumer Affairs: A department under the Ministry of Consumer Affairs, Food and Public Distribution, Government of India, responsible for consumer protection and related matters.
SHRI B.L.VERMA: The Minister of State for Consumer Affairs, Food and Public Distribution.
Joint Working Group: A group comprising representatives from Ministries, National Law Universities and Voluntary Consumer Organizations constituted for identifying the dark patterns and stakeholders to work together in creating a transparent, ethical and usercentric online environment.
New and Renewable Energy: Ministry with which Minister of Consumer Affairs, Food Public Distribution holds chairmanship
ORIGINAL IN HINDI
Government of India
Ministry of Consumer Affairs, Food and Public Distribution
Department of Consumer Affairs
LOK SABHA
UNSTARRED QUESTION NO. 540
TO BE ANSWERED ON 23.07.2025
GUIDELINES FOR PREVENTION AND REGULATION OF DARK PATTERNS, 2023
540. SMT. BHARTI PARDHI:
(OIH) SHRI SHRIRANG APPA CHANDU BARNE:
Will the Minister of CONSUMER AFFAIRS, FOOD AND PUBLIC
DISTRIBUTION be pleased to state:
(a) the specific steps being taken by the Government to ensure strict compliance of the “Guidelines for
Prevention and Regulation of Dark Patterns, 2023” by online platforms;
(b) the mechanisms put in place for consumers to report such practices along with the average time taken
for resolution of such complaints;
(c) the steps being taken by the Government to strengthen the “Consumer Protection (E-Commerce)
Rules, 2020” in order to ensure greater accountability of e-commerce entities particularly with regard
to product quality, timely delivery and effective grievance redressal mechanism; and
(d) whether the Government has any plans to impose strict penalties for platforms failing to comply with
these Rules, if so, the details thereof?
ANSWER
THE MINISTER OF STATE
CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
(SHRI B.L.VERMA)
(a) to (d) : Central Consumer Protection Authority, in exercise of the powers conferred by Section 18 of
the Consumer Protection Act, 2019, issued “Guidelines for Prevention and Regulation of Dark Patterns,
2023” on 30th November, 2023 for prevention and regulation of dark patterns listing 13 specified dark
patterns identified in e-Commerce sector. These dark patterns include false urgency, Basket Sneaking,
Confirm shaming, forced action, Subscription trap, Interface Interference, Bait and switch, Drip Pricing,
Disguised Advertisements, Nagging, Trick Wording, Saas Billing and Rogue Malwares.
In furtherance, to safeguard consumer rights and promote fair trade practices, Department of
Consumer Affairs, Government of India convened a meeting on 28th May 2025 under the chairmanship of
Hon’ble Minister of Consumer Affairs, Food & Public Distribution and New and Renewable Energy with
representatives from major e-commerce companies, industry associations, Voluntary Consumer
Organizations and National Law Universities for a focused dialogue on eliminating deceptive online
practices.As an outcome of the said meeting, an “Advisory in terms of Consumer Protection Act,2019 on
Self-Audit by E-Commerce Platforms for detecting the Dark Patterns on their platforms to create a fair,
ethical and consumer centric digital ecosystem” was issued by Central Consumer Protection Authority on
5th June,2025 .
All E-Commerce platforms have been advised through the said Advisory to take necessary steps to
ensure that their platforms do not engage in such deceptive and unfair trade practice which are in the nature
of Dark Patterns. Further, all E-Commerce platforms have been advised to conduct self-audits to identify
dark patterns, within three months of the issue of the advisory and take necessary steps to ensure that
their platforms are free from such dark patterns. Based on the self-audit reports, the E-Commerce
platforms should also give self-declarations that their platform is not indulging in any dark patterns in order
to ensure fair digital ecosystem along with building trust between consumers and e-commerce platforms.
A Joint Working Group, comprising representatives from Ministries, National Law Universities
and Voluntary Consumer Organizations, has been constituted vide Office Memorandum dated 5th
June,2025 for identifying the dark patterns and stakeholders to work together in creating a transparent,
ethical and user-centric online environment .
To safeguard consumers from unfair trade practices in e-commerce, the Department of Consumer
Affairs has also notified the Consumer Protection (E-commerce) Rules, 2020 under the provisions of the
Consumer Protection Act, 2019. These rules, inter-alia, outline the responsibilities of e-commerce entities
and specify the liabilities of marketplace and inventory e-commerce entities, including provisions for
consumer grievance redressal.
As per Consumer Protection Act, 2019 under Section 21 (2), Central Government is vested with
powers to impose a penalty in respect of false or misleading advertisements by a manufacturer or endorser,
which may extend to ten lakh rupees and for every subsequent contravention by a manufacturer or endorser,
impose a penalty, which may extend to fifty lakh rupees.
******