Analysis of Dark Patterns and Law for Use of Information in Digital World

Abstract

Dark patterns refer to any practice or encoding of a design that leads users to make decisions that they wouldn't have otherwise made freely and knowingly. They are often found on websites, mobile apps, eCommerce sites, subscription services, ads, cookie banners and privacy interfaces. The aim of this paper is to analyse and discuss the impact of dark patterns on consumer autonomy, informed consent, privacy and use of personal data in the digital world. The study is doctrinal and analytical in nature, utilising relevant statutes, regulatory guidelines, policy reports and other literature. It examines the typology of dark patterns and their effect on information use, and the effectiveness of legal remedies in these different jurisdictions, including India. The study concludes that not only are dark patterns an unethical design strategy but that they are an important legal tool of digital manipulation which can result in consumer, privacy, contractual, and autonomy related harms. It calls for the interface design to be transparent, meaningful consent, withdrawal options to be easy, enforcing effectively and platform accountability.