India None-too-subtly Reminds Big Tech That Local Laws Prohibit Dark Patterns

India’s government has reminded big tech companies that it has rules that prohibit the use of dark patterns – deceptive design practices that deliberately mislead and confuse customers of online services and apps – and called for an end to their use.

India’s Department of Consumer affairs consulted with local and global big tech companies about dark patterns in mid-2023 and worked with them to develop formal Guidelines on Dark Patterns.

Amazon, Google, and Meta participated in consultation the process, as did local digital giants such as Flipkart and Zomato.

In late 2023, India’s government added the Guidelines to local consumer affairs laws.

It appears the Guidelines were not always followed, as on Wednesday the Department convened “a focused dialogue on eliminating deceptive online practices.” Amazon, Apple, Airbnb, Booking.com, Samsung, Mastercard, Uber and WhatsApp attended the event, along with Indian companies.

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According to an Indian government announcement, the event saw consumer affairs minister Shri Pralhad Joshi urge those present “to now fully comply with the guidelines and integrate them into their internal governance and consumer protection mechanisms.”

Departmental officials bemoaned that dark patterns lead to “unintended purchases, privacy violations, and increased digital addiction”, and noted that the Guidelines spell out 13 types of dark pattern.

Officials also pointed out that India’s government has implemented various measures to detect and prevent dark patterns, and that consumers have made increasing numbers of complaints about the deceptive tactics .

Minister Joshi stopped short of threatening government action, instead suggesting that tech companies should not wait for authorities to step in but act in their own self-interest by proactively hunting for and removing dark patterns.

“This is not just regulatory compliance—it’s about building trust with your consumers,” he stated, before pointing out that the Department he leads welcomes “continued collaboration with industry, academia, and civil society to keep India’s digital marketplace fair and inclusive.” ®