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Nasscom's submission to the task force on protecting consumers from dark patterns
Nasscom's submission to the task force on protecting consumers from dark patterns

July 27, 2023

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We have made a submission to the task force set-up by the Department of Consumer Affairs, on protecting consumers from dark patters. Our submission included the following:

1. Identifying dark patterns: A principled framework will enable the consumer, industry and the government to recognise and agree on a dark pattern when it presents itself and distinguish the same from acceptable business practices for customer acquisition or service. Ultimately, this should enable the industry to avoid the practice of dark patterns, empower the consumers to complain against them and enable the government to curb them.

2. An activity by a business to steer consumer’s behaviour in a certain direction, in and of itself may not be a problem. The 'darkness' of a pattern may depend on factors such as, consumer’s feasibility to compare prices, consumer’s option to switch to another player in the market, reasonability of a practice/behaviour etc.

3. Basis the press release dated 30 June 2023, by the Ministry of Consumer Affairs, complaints to report any dark patterns can be made on the National Consumer Helpline. Therefore, a consumer already has the option to register a complaint against such activities.

4. Dark patterns that are currently not covered under the Consumer Protection Act, 2019, must be assesed as follows:

  • Identification - keeping in view the particular facts and circumstances of such activity.
  • Applicability of existing laws to curb dark patterns and any potential regulatory gaps.
  • Approaches to curb such practices - including raising user-awareness.

We are enaging with the industry and preparing more detailed inputs for the task force. If this topic is of interest to you and you would like to share your views with us, kindly write to us at garima@nasscom.in and policy@nasscom.in


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Garima Prakash
Manager, Public Policy and Government Affairs

Reach out to me for all things policy about e-commerce, international trade, export controls, start-ups and fintech

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