Shining a Light on the DPDP Act: Battling Dark Patterns and Amplifying Transparency

Abstract

The interplay between dark patterns, privacy protection, and privacy in the context of India's evolving digital ecosystem served as the impetus for the founding principle of the "Right to be left alone." The paper underscores pivotal roles of transparency and privacy in shaping digital experience of 21st century by acknowledging India’s stands as the second-largest internet market. DPDP Act has been introduced and certain key provisions such as Data principal, significance of clear consent and roles of data fiduciaries and processors standards has been emphasized with emergence of dark patterns and their potential threat in coercing users into unintended data disclosures. DPDP Act has been critically analysed and its impact on user privacy dissecting its provisions and scrutinizing potential loopholes. It explains attentively and its role in combating deceptive design practices known as dark patterns by establishing link between data protection and user experience contributing to ongoing discussions on ethical design and responsible data handling. It highlights potential challenges in implementation, especially concerning expansive authority granted to central government and amendments affecting Right to Information Act. It underscores necessity of a legal definition of privacy, advocates for more explicit provisions related to non-personal data and calls for additional legislation addressing dark patterns. It critiques structural issues within Digital Protection Board and asserts need for a nuanced approach in balancing innovation and privacy protection. As digital landscape evolves, it contributes to ongoing dialogue on ethical design, responsible data handling, delicate balance between innovation and privacy protection in the digital age.