LIJDLR

DARK PATTERNS AND THE ILLUSION OF CONSENT IN E-CONTRACTS IN INDIA: A LEGAL ANALYSIS

Pavitha T, Guest faculty, Government Law College, Chengalpattu (India)

A paradigm shift in the concept of contractual consent, especially in the digital arena, where electronic contracts have gained prominence, but the user consent is typically obtained through interface-based mechanisms, and the issue is whether such consent is informed or merely a product of the interface itself. The current legal regime in India, based on conventional contract and consumer protection laws, is based on the assumption of rational and volitional decision-making. Previous studies have shown the impact of interface-based design and behavioural influence in the decision-making process, especially in the digital arena, through the use of dark patterns. However, not much legal scholarship has been done on the adequacy of the current legal doctrines in India in dealing with the phenomenon of illusory consent in the digital arena. This study is based on a doctrinal research methodology, where the current legal position is analysed in the context of the phenomenon of illusory consent in the digital arena. It is evident from the analysis that the current legal position is not adequate in dealing with the phenomenon of illusory consent in the digital arena, and a shift is needed in the current legal position.

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Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 2775–2798.
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