Regulating Dark Patterns
![handle is hein.journals/ijlmhs27 and id is 1839 raw text is:
International Journal of Law Management & Humanities
Regulating Dark Patterns
AAKARSH CHANDRANAHUO
ABSTRACT
Dark patterns are the manipulative tactics employed by companies to trick users into
agreeing certain conditions which can later be used by companies to their advantage, also
sometime referred to as deceptive patterns. Dark patterns cover a wide ambit of tactics
including manipulative agreements, purposely making difficult to cancel services/
subscriptions, sponsored ad campaigns, pop ups, etc. Not just the small companies but
multinational tech giants are accused of employing deceptive patterns over its users. Dark
patterns are negatively treated and their usage is absolutely discouraged but it is of
significant importance to the companies. Laws in India are more consumer centric rather
than favouring businesses in ambit of dark patterns.
This paper focuses on understanding the areas constituting dark patterns and the latest
developments relating to regulation of dark patterns taking reference from the European
Union, the United States and the Indian stance on the same. Also in this paper the
importance of dark patterns are enshrined and how it becomes an essential part of business
transactions. Essential for both users as well as the companies.
Keywords: FTC- Federal Trade Commission , nagging, attentional theft, consent,
commercial setback.
I. INTRODUCTION
Dark patterns are the manipulative tactics employed by companies to trick users into agreeing
certain conditions which can later be used by companies to their advantage, also sometime
referred to as deceptive patterns. Dark patterns cover a wide ambit of tactics including
manipulative agreements, purposely making difficult to cancel services/subscriptions,
sponsored ad campaigns, pop ups, etc. Not just the small companies but multinational tech
giants are accused of employing deceptive patterns over its users.
With the growth of internet users around the world and business transactions by way of e-
commerce and m- commerce has facilitated buying and selling of goods and services online
over a platform under an agreement, but every platform requires profit to keep its business in
operation and major chunk of that profit comes from retention of customers and continuously
adding new customers to the platform. This serves as a major driving factor for companies to
1 Author is a student at Alliance School of Law, India.
© 2024. International Journal of Law Management & Humanities [ISSN 2581-5369]
1816
[Vol. 7 Iss 1; 1816]](ViewImageLocal?handle=hein.journals/ijlmhs27&div=151&collection=&method=preview&ext=.png&size=3)
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Regulating Dark Patterns
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