The three-month window provided in the CCPA’s advisory is more than a soft recommendation — it sets a clear expectation that companies will proactively identify, document and address non-compliant patterns in their digital interfaces.
Businesses are also expected to submit formal declarations affirming their adherence to the 2023 guidelines, and maintain internal records of the audit methodology, findings and corrective actions.
Notably, the advisory comes against the backdrop of show-cause notices already issued by the CCPA to several major e-commerce platforms in India. These notices reportedly pertain to practices like pre-ticked checkboxes, auto-added add-ons and difficult unsubscribe flows — all falling under dark patterns as per the 2023 Guidelines.
The CCPA has already issued 11 specific notices related to dark-pattern violations, alongside over 400 notices for broader unfair trade practices. In a bid to promote sector-wide compliance, the government also held a consultative meeting with representatives from over 50 digital platforms, discussing best practices and expectations regarding interface design and consumer autonomy.
Globally, regulators have taken comparable steps. Notably, the Italian Data Protection Authority imposed a €300,000 fine on a marketing company for GDPR violations related to dark patterns. Meanwhile, across the EU, joint regulatory efforts have targeted practices such as urgency cues, disguised advertising and default consent mechanisms.
These actions highlight a common regulatory concern: interface design must enable fair, informed and autonomous user choice.
