Consumer ProtectionData PrivacyIndia’s CCPA Mandates E-Commerce Dark Pattern Self-Audits – Is it an Alarm for Data Privacy too?

The Central Consumer Protection Authority (CCPA) issued a critical advisory (5 June 2025) directing e-commerce platforms to eliminate dark patterns under the Consumer Protection Act, 2019.

Key mandates:

• Conduct self-audits within 3 months to identify deceptive designs (e.g., pre-ticked consent boxes, hidden charges).
• Submit self-declarations confirming absence of 13 defined dark patterns (Guidelines, 2023).
• Strengthen compliance with Rule 4(9) of Consumer Protection (E-Commerce) Rules, 2020 – explicit, affirmative consent ONLY.

Why it matters? Failure to comply risks consumer trust erosion + CCPA enforcement actions.

Why Dark Patterns Are a Threat to Data Privacy in E-Commerce

Dark patterns are more than just deceptive design tactics since they are a significant threat to data privacy.

These patterns often manipulate users into sharing personal data, subscribing to services unknowingly, or making unintended purchases.

In the context of the Digital Personal Data Protection Act (DPDPA), 2023, such practices violate the fundamental principles of consent and data minimization.

• The risk: Even compliant platforms could face DPDPA penalties if dark patterns undermine free, informed, and unconditional consent.

Best Ways to Control Dark Patterns

1. Proactive audits: Use CCPA’s 13-pattern checklist.
2. Simplified consent: Replace pre-ticked boxes with explicit and granular choices.
3. UX ethics training: Educate designers on DPDPA/GDPR/PDPL/CCPA et al consent thresholds.
4. Third-party vetting: Assess adtech/payment partners for dark pattern risks.
5. Transparency reports: Publicly disclose mitigation steps to build trust.

Closing Thoughts

The CCPA’s advisory is a wake-up call for e-commerce platforms to eliminate harmful dark patterns and uphold consumer trust. With global regulators like the EU, India, and others prioritizing data privacy by design, the time to act is now.

Dark patterns may promise short-term gains but come at the cost of long-term trust and compliance risks. Let’s work together to create a transparent, ethical, and privacy-first digital future.

Other suggested reading – Navigating the Intersection of Data Privacy and Dark Patterns: How the DPDPA Addresses Deceptive Design Practices

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