Should e-commerce firms self-audit within 3 months for dark patterns?

Synopsis
In a significant move, the CCPA has mandated e-commerce platforms to conduct self-audits to uncover dark patterns within three months. This initiative aims to protect consumer rights and ensure a fair digital marketplace. Discover what this means for consumers and businesses alike.
Key Takeaways
- CCPA urges self-audits by e-commerce platforms.
- Dark patterns undermine consumer trust.
- Self-declarations will ensure platforms are free from dark patterns.
- Joint Working Group (JWG) will monitor compliance.
- Guidelines introduced to combat dark patterns.
New Delhi, June 7 (NationPress) The Central Consumer Protection Authority (CCPA) issued an important advisory on Saturday, urging all e-commerce platforms to perform a self-audit within three months. The goal is to uncover deceptive and unfair trade practices known as dark patterns.
Dark patterns refer to design elements on websites and apps that mislead or manipulate users into making unintended choices. These practices undermine consumer trust, disrupt fair market conditions, and seriously threaten the integrity of digital commerce.
According to the CCPA, “All e-commerce platforms are encouraged to carry out self-audits to identify dark patterns, within three months of receiving this advisory, and to take appropriate measures to eliminate such practices from their platforms.”
Following these self-audit assessments, e-commerce firms will be able to provide self-declarations confirming that their platforms do not engage in any dark patterns.
The intention behind these self-declarations is to foster a fair digital ecosystem and enhance trust between consumers and e-commerce platforms, as stated by the regulatory body.
The CCPA has also issued notices to e-commerce platforms, highlighting specific instances of dark patterns that contravene the Guidelines for Prevention and Regulation of Dark Patterns.
Additionally, the Department of Consumer Affairs has established a Joint Working Group (JWG) tasked with examining and implementing measures to identify violations of dark patterns across e-commerce platforms.
This group consists of representatives from various ministries, regulators, voluntary consumer organizations, and National Law Universities (NLUs), and will regularly report findings to the Department of Consumer Affairs.
The JWG will also focus on creating awareness among consumers to avoid falling victim to dark patterns.
This initiative aligns with the government's broader strategy to enhance consumer protection in the digital age and eliminate unfair practices in e-commerce and online services.
The Department of Consumer Affairs introduced the Guidelines for Prevention and Regulation of Dark Patterns in 2023, identifying 13 specific dark patterns, including: false urgency, basket sneaking, confirm shaming, forced action, subscription trap, interface interference, bait and switch, drip pricing, disguised advertisements and nagging, trick wording, SaaS billing, and rogue malware.