Guidelines 1 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The Dark Patterns Guidelines, 2023 prohibit any person, including any platform, from engaging in a dark pattern. Guideline 2 defines a dark pattern as a deceptive design practice that tricks users into doing something they did not intend or want to do. Guideline 3 applies the guidelines to platforms that systematically offer goods or services in India, to advertisers and to sellers. Guideline 5 says that engaging in any practice in Annexure 1 is engaging in a dark pattern.
The guidelines were issued by the Central Consumer Protection Authority (CCPA) on 30 November 2023 (F. No. CCPA-1/1/2023-CCPA-(Reg)) under section 18 of the Consumer Protection Act, 2019. This article takes them as amended up to 3 October 2026 (no amendment listed by the CCPA). Later amendments should be checked on the CCPA website. For the Act, see the articles on section 18 and on section 2, which defines unfair trade practice and misleading advertisement. The general overview is in the post on CCPA guidelines on dark patterns.
A dark pattern is a deceptive design practice, using user interface or user experience interactions on any platform, designed to mislead or trick users into doing something they did not intend, by subverting consumer autonomy, decision making or choice, amounting to a misleading advertisement, unfair trade practice or violation of consumer rights. No person, including any platform, may engage in one. The guidelines apply to platforms systematically offering goods or services in India, advertisers and sellers. Engaging in any of the 13 practices in Annexure 1 counts. Other laws continue to apply in addition.
Platforms, sellers and advertisers who want to check a checkout, onboarding or subscription flow can ask for compliance advisory support before the next product release.
Guideline 1: title and commencement
The guidelines may be called the Guidelines for Prevention and Regulation of Dark Patterns, 2023 and come into force on the date of their publication in the Official Gazette. The notification says they are issued "to provide for the prevention and regulation of dark patterns".
Guideline 2: definitions
| Clause | Term | Meaning |
|---|---|---|
| (a) | Act | The Consumer Protection Act, 2019 |
| (b) | Advertiser | As in the 2022 Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements |
| (c) | Central Consumer Protection Authority | The authority established under section 10 of the Act |
| (d) | Commercial gains | Monetary gain or financial advantage of any kind |
| (e) | Dark patterns | Any practices or deceptive design pattern using user interface or user experience interactions on any platform that is designed to mislead or trick users to do something they originally did not intend or want to do, by subverting or impairing consumer autonomy, decision making or choice, amounting to misleading advertisement or unfair trade practice or violation of consumer rights |
| (f) | Marketplace e-commerce entity | As in the Consumer Protection (E-Commerce) Rules, 2020 |
| (g) | Platform | As in the E-Commerce Rules, 2020 |
| (h) | Seller | As in the E-Commerce Rules, 2020 |
| (i) | Specified dark patterns | The dark patterns listed and defined in Annexure 1, and any other dark pattern that the CCPA may specify from time to time or otherwise |
| (j) | User | Any person who accesses or avails any computer resource of a platform |
Words not defined take the Act's meaning. The terms borrowed from the E-Commerce Rules are explained in the article on rule 3 of those rules. The advertiser definition is in the article on guidelines 1 to 3 of the 2022 guidelines.
Reading the definition of a dark pattern
The definition has four parts: (1) a practice or deceptive design pattern; (2) using user interface or user experience interactions; (3) designed to mislead or trick users into doing something they did not originally intend or want; and (4) subverting or impairing consumer autonomy, decision making or choice, amounting to a misleading advertisement, unfair trade practice or violation of consumer rights. The test looks at design and its purpose. A confusing screen by accident is different from a screen designed to nudge a user into a purchase.
Clause (i) matters: "specified dark patterns" can include "any other dark pattern that Central Consumer Protection Authority may specify from time to time or otherwise". The Annexure is therefore not closed.
Guideline 3: application
The guidelines apply to:
- all platforms, systematically offering goods or services in India;
- advertisers; and
- sellers.
A platform based abroad that systematically offers goods or services in India is within the first limb. This follows the same idea as rule 2(2) of the E-Commerce Rules, explained in the article on rules 1 and 2.
Guideline 4: the prohibition
"No person, including any platform, shall engage in any dark pattern practice." The prohibition is not limited to platforms. A seller or advertiser who adds a dark pattern to a store front or advertisement is covered.
Guideline 5: when a person is engaging in a dark pattern
"Any person, including any platform, shall be considered to be engaging in a dark pattern practice if it engages in any practice specified in Annexure 1 of the guidelines." So a practice listed in the Annexure counts as a dark pattern on the guidelines' own terms.
Guideline 6: other laws
Where a dark pattern practice is regulated under any other law or the rules or regulations made under it, the guidelines are in addition to and not in derogation of such other laws.
Guideline 7: interpretation
In case of ambiguity or dispute in interpreting the guidelines, the decision of the Central Consumer Protection Authority is final.
The 13 specified dark patterns
Annexure 1 lists 13 practices. The Annexure says the practices and illustrations "provide only guidance and shall not be construed as an interpretation of law or as a binding opinion or decision as different facts or conditions may entail different interpretations". The illustrations are therefore examples, not an exhaustive list.
| Item | Specified dark pattern | Covered in |
|---|---|---|
| 1 | False urgency | Items 1 to 4 |
| 2 | Basket sneaking | Items 1 to 4 |
| 3 | Confirm shaming | Items 1 to 4 |
| 4 | Forced action | Items 1 to 4 |
| 5 | Subscription trap | Items 5 to 8 |
| 6 | Interface interference | Items 5 to 8 |
| 7 | Bait and switch | Items 5 to 8 |
| 8 | Drip pricing | Items 5 to 8 |
| 9 | Disguised advertisement | Items 9 to 13 |
| 10 | Nagging | Items 9 to 13 |
| 11 | Trick question | Items 9 to 13 |
| 12 | SaaS billing | Items 9 to 13 |
| 13 | Rogue malwares | Items 9 to 13 |
What changes from 1 January 2027 for e-commerce entities
The Consumer Protection (E-Commerce) (Amendment) Rules, 2026 (G.S.R. 789(E) of 9 September 2026) come into force only from 1 January 2027. From that date a new rule 4(15) will say: "Every e-commerce entity shall comply with the Guidelines for Prevention and Regulation of Dark Patterns, 2023 and also conduct yearly self-audit to ensure that its platform" has no dark patterns, "and a certificate to this effect shall be displayed prominently". Until then, the E-Commerce Rules as they stand today do not contain this rule. The details are in the article on rule 4(8) to (11) and the added sub-rules and the article on the 2026 amendment.
Consequences
The guidelines are issued under section 18 of the Act. Contravention is dealt with under the Act; see the articles on section 21 and sections 88 and 89. This article quotes no penalty.
Need help reviewing your user interface?
Dark patterns often arise from design shortcuts, not intent, but the guidelines ask whether a practice misleads or tricks users. Our compliance advisory team can walk through your checkout, subscription and notification screens and map them to the 13 specified patterns.
Key takeaways
- A dark pattern is a deceptive design practice designed to mislead or trick users into doing something they did not intend, amounting to a misleading advertisement, unfair trade practice or violation of consumer rights.
- The guidelines apply to platforms that systematically offer goods or services in India, advertisers and sellers.
- No person, including any platform, may engage in a dark pattern.
- Engaging in any of the 13 Annexure 1 practices counts, and the CCPA may specify others.
- The guidelines add to other laws.
- From 1 January 2027, rule 4(15) of the E-Commerce Rules will require compliance, a yearly self-audit and a displayed certificate.
Read next
- Annexure 1, items 1–4: false urgency, basket sneaking, confirm shaming and forced action
- Annexure 1, items 5–8: subscription trap, interface interference, bait and switch, drip pricing
- Annexure 1, items 9–13: disguised advertisement, nagging, trick question, SaaS billing and rogue malware
- CCPA guidelines on dark patterns 2023: overview
Disclaimer: Based on the rules, regulations and guidelines named above as published in the Gazette of India or on the CCPA website, with the amending notifications the article names (consulted on 3 October 2026). Later amendments, the Consumer Protection Act, 2019 provisions referred to, State rules and CCPA advisories should be checked. This article is general information, not legal advice; check the official text before acting.