You’ve probably experienced this before: You try to unsubscribe from a newsletter, but the button is hidden or worded confusingly. Or maybe you’re about to close a pop-up, but the “No” option says something guilt-inducing like, “No, I don’t want to stay updated.” These are not just poor design choices they’re dark patterns, and they are intentionally crafted to manipulate your decisions online.
In the digital world, user interfaces are powerful tools. But when used unethically, they become silent manipulators nudging users into sharing more data, clicking on things they don’t want, or unknowingly giving consent. This blog explores what dark patterns are, how they violate data privacy, and what legal systems in India and abroad are doing to fight back. It also explains why ethical design should matter to every company from early-stage startups to tech giants.
What Are Dark Patterns?
Coined by UX designer Harry Brignull in 2010, dark patterns refer to design tactics that deliberately trick or confuse users into taking actions they may not intend like signing up for services, consenting to cookies, or handing over personal data. These patterns exploit users and deceptive designs not only frustrate users they often compromise informed consent, a key pillar of data protection laws.
Dark Patterns and Data Privacy: Where’s the Link?
At the heart of every privacy law whether it’s the GDPR in Europe or India’s Digital Personal Data Protection Act (DPDPA) lies a common principle: informed, freely given consent. Dark patterns violate this principle by coercing or misleading users into giving consent or data under false pretences.
For example, if a cookie banner is designed so that the “Accept” button is brightly coloured and the “Reject” option is barely visible or takes multiple clicks, that’s not real choice. Similarly, if opt-out options are buried in complicated settings or are hard to find, users are being manipulated not empowered.
Under GDPR, such practices are seen as violations of transparency and fairness principles under Articles 5 and 7. The European Data Protection Board (EDPB) has released explicit guidance on this, warning companies that using dark patterns in cookie banners, privacy notices, or consent flows can lead to serious penalties.
India’s DPDPA (2023) also emphasizes clear and concise consent notices, making it mandatory to give users meaningful control. While enforcement is still in its early stages, future Data Protection Board actions could soon mirror global crackdowns on deceptive UX.
Global Crackdowns: Regulators Are Taking Notice
Dark patterns are no longer flying under the radar. Regulators worldwide are catching up and cracking down. In 2022, the U.S. Federal Trade Commission (FTC) warned companies that dark patterns used to “trap users into subscriptions” or “make cancellation difficult” could trigger legal consequences under deceptive trade practices. That same year, the FTC fined Amazon over its manipulative Prime cancellation flow a multi-step process designed to make users give up halfway. In Europe, the CNIL (France’s data protection authority) fined Google and Facebook for making it easier to “accept all cookies” than to reject them. The disparity in choices was seen as a violation of informed consent under GDPR. Even in India, consumer protection authorities have started investigating UI-based fraud and are likely to support the DPDPA’s future enforcement actions against similar practices.
Shine a Light on the Dark
Dark patterns may be hidden in plain sight, but their impact is far-reaching. They blur the line between user choice and manipulation and threaten the integrity of digital privacy. As privacy regulations evolve across the globe, companies big and small must understand that dark patterns are no longer a Gray area. They’re a red flag. The good news? You don’t have to choose between business success and ethical design. With the right knowledge and tools, you can create user experiences that are both effective and respectful. Educating your product, legal, and design teams on ethical UX can be your biggest competitive edge in a privacy-conscious world.
