Digital platforms play a central role in how consumers browse, decide and transact. The way platforms design user experiences directly influences user behaviour and expectations. However, subtle design choices can sometimes pressure users into actions they did not intend, raising concerns around transparency and fairness. These practices, often referred to as dark patterns, involve deceptive design elements that influence user decisions in ways that may not align with their original intent. In view of this, the Central Consumer Protection Authority (CCPA) has directed all e-commerce platforms to conduct self-audits within three months to identify and eliminate dark patterns. Platforms are also required to submit self-declarations confirming compliance with the 2023 guidelines. By acting early to identify such risks, businesses can strengthen consumer trust and stay aligned with evolving regulatory expectations.

Understanding Dark Patterns

‘Dark patterns’ shall mean any practices or deceptive design patterns made using user interface (UI) or user experience (UX) interactions on any platform that is designed to mislead or trick users into doing something they originally did not intend/want to do by subverting or impairing the consumer autonomy, decision making, or choice, amounting to a misleading advertisement or unfair trade practice or violation of consumer rights.

At Grant Thornton Bharat, we recognise the importance of addressing dark patterns in today's digital environment. Our solution offerings comprise a thorough assessment and detection methodology, designed to help entities identify and analyse these deceptive practices.

Dark pattern assessment and detection methodology

 

Grant Thornton Bharat’s solution

We offer a comprehensive set of services and solutions that can help customers and entities identify and analyse dark patterns. Our in-house team of experts evaluates dark pattern compliance as per the guidelines.

Dark Patterns

We offer a set of services and solutions that can help customers and entities identify and analyse dark patterns.

Digital deception decoded

Prioritising transparency for enhanced user trust

    1. False urgency: Creating a sense of scarcity or limited availability to pressure immediate purchases.
    2. Basket sneaking: Adding unwanted items to a user's shopping cart during checkout.
    3. Confirm shaming: Using guilt or fear tactics to influence purchase decisions.
    4. Forced action: Requiring users to buy additional products, subscribe to services, or share personal information to complete a desired action.
    5. Subscription traps: Making it difficult or confusing to cancel subscriptions.
    6. Bait and switch: Advertising a product or service with misleading outcomes.
    7. Drip pricing: Gradually revealing the full cost of a product or service throughout the purchase process.
    8. Disguised advertisements: Presenting advertisements as user-generated content or news articles.
    9. Nagging: Repeatedly prompting users to take unwanted actions.
    10. Trick questions: Using confusing language to manipulate user answers.
    11. SaaS billing: It involves collecting payments from consumers in a SaaS business model, leveraging recurring subscriptions to discreetly acquire funds from users.
    12. Rogue malware: It's the use of ransomware or scareware to deceive users into believing their computer has a virus, tricking them into purchasing a fake malware removal tool that installs additional malware.
    1. Enhanced reputation and trust: Operating ethically and transparently builds trust with users and stakeholders, enhancing brand reputation.
    2. Improved user relationships: Ethical design fosters better user experiences, leading to increased satisfaction and loyalty.
    3. Reduced legal risks and penalties: Compliance helps avoid legal liabilities and mitigates the risk of lawsuits from users or regulatory bodies.
    4. Long-term sustainability: Ethical practices contribute to the company's long-term viability and reduce churn rates.
    5. Competitive advantage: Differentiation through ethical behavior attracts users seeking trustworthy services and positively impacts marketing efforts.
    6. Innovation and growth: Ethical design encourages innovation and attracts top talent that values integrity.
    7. Regulatory adaptability: Compliance with existing regulations prepares companies for future regulatory changes proactively.

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      Dharmender Jhamb
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      Dharmender Jhamb

      Partner, Business Consulting

      Contact Dharmender Jhamb
      Dharmender Jhamb
      Contact Dharmender Jhamb
      Dharmender Jhamb
      Partner, Business Consulting
      Dharmender Jhamb
      + 91 120 4855900