Contextualising Dark Patterns as Unfair Trade Practices under the 2023 DCA

The author in this article explores the emergence of “Dark Patterns” in the Indian digital market and the efforts by the Department of Consumer Affairs (DCA) to combat deceptive online practices through the Guidelines for Prevention and Regulation of Dark Patterns, 2023. Dark Patterns are defined as deceptive user interfaces aimed at coercing consumers into unfavorable choices. The guidelines identify specific practices falling under this category and link them to violations such as misleading advertisements, unfair trade practices, or infringement of consumer rights as outlined in the Consumer Protection Act, 2019. The essay analyzes how dark patterns can be assessed within the framework of unfair trade practices, emphasizing non-disclosure, deceptive practices, and the imposition of unilateral e-contracts. The broader interpretation of these guidelines is advocated to address evolving digital markets, ensuring consumer protection by evaluating online practices against identified features of dark patterns. Continue reading Contextualising Dark Patterns as Unfair Trade Practices under the 2023 DCA

Proposed Amendments to E-Commerce Rules, 2020: Lack of Clarity and Judicial Overlaps

In this article, the author looks at the Proposed Amendments to the E-commerce Rules, 2020. The author argues that due to the ambiguous nature of the amended provisions and regulatory overlaps with the Competition Act, 2002, the amendments have the potential of harming both business and consumer interest. The author thus suggests that a clear definition of certain terms needs to be provided and the regulatory overlaps removed.
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