The Korea Communications Commission Publishes a Casebook on Dark Patterns

On January 22, 2025, the Korea Communications Commission (the “KCC”) published the “Dark Pattern Casebook: Protecting Users of Digital Services” (the “Casebook”). The Casebook classifies dark pattern cases relating to digital subscription services, digital service advertisements and notifications, and data collection into ten distinct categories, and provides case examples and an overview of user awareness, etc., for each category. Below is a summary of the Casebook.

1.	The Concept of Dark Pattern

Dark patterns refer to user interface (“UI”) or user experience (“UX”) designed to deceive users by, for example, distorting user choices or concealing important information. Key categories of dark patterns are as follows:

–	Repetitive interference, path obstruction, hidden rules, interface manipulation, path deception, creation of false urgency, creation of artificial scarcity, coercion of behavior, and manipulation of social proof.

While there is no clear standard to distinguish dark pattern designs from other designs, it is generally viewed that a design is more likely to constitute a dark pattern design if there is greater degree of intent to distort users’ choices or potential to deceive users. Further, depending on the type and degree of intent, a dark pattern design may constitute a prohibited act under the Telecommunications Business Act (the “TBA”).
In light of the recent digital service environment, the risk of harm caused by dark patterns is most prominent in paid subscription-based digital services and free ad-based (or other marketing data-based) digital services.

2.	Summary of Key Dark Pattern Examples

Dark pattern designs relating to paid subscription-based digital services

Category	Cases	Details and Example
Excessive interference with cancellation	Making navigation to the cancellation menu excessively complex	The process of reaching the cancellation menu from the landing page (the screen that appears first when a service is launched) is excessively complex compared to the process of reaching the subscription purchase menu, or the cancellation menu is only provided through a specific path (app, web or phone)
Excessive interference with cancellation	Making the cancellation process excessively complex	The process to apply for cancellation is excessively complicated compared to the subscription process – e.g., repeatedly emphasizing existing benefits, inquiring about the reasons for the cancellation, recommending alternative plans, or posing questions intended to dissuade cancellation
Inducing users into making specific choices while they use the subscription service	Designing choice buttons to induce users to maintain their subscription	Excessive visual emphasis is placed on the design of a specific choice during the decision-making process related to subscribing to, using, or cancelling a subscription service, or emotional language is used to restrict users’ choice or induce specific choices Examples include: (i) a particular choice has a prominently-colored button, (ii) a particular choice uses a font design to make it appear inconspicuous, (iii) phrasing is used to make the same choice appear different, (iv) a particular choice is excluded or placed inconspicuously, (v) language is used that makes a specific choice appear disadvantageous, and (vi) ambiguous language is used to obscure the true meaning of a particular choice
Hiding information on important matters related to the subscription service	Designs that induce subscription without giving users a clear notice of important information	Failing to clearly provide important information regarding the service agreement and use of the service, such as fees, billing period, duration of promotional offer, refunds and penalties, or distorting information to make it difficult for users to properly understand the information Examples include: (i) failing to indicate additional costs such as VAT during the subscription process, (ii) hiding price-related information at the final purchase stage, (iii) failing to provide a clear explanation on the billing cycle (monthly/annual) during the subscription process, (iv) providing relevant information in an incomprehensible manner, and (v) failing to provide information on the terms of cancellation and refund during the subscription process, or placing such information in an inconspicuous manner
Inducing subscription through free promotion	Designing an optional button to induce paid subscriptions	In order to induce users to agree to regular subscription, fail to obtain explicit consent or forcing users to agree to regular subscription during the process of signing up for a free trial Examples include: (i) while a user subscribes to a free promotion, paid subscription is unilaterally executed without first explicitly confirming the user’s intent to switch to paid subscription, or (ii) setting up the system so free trial is impossible or cancelled unless the user subscribes to a paid plan

Dark pattern designs relating to service ads, notifications and data collection

Type	Cases	Details and Example
Excessive advertising that interferes with the service environment	Repeated advertisements and notifications that interfere with the users’ use of the services	Interfering with the user’s use of the service through excessive and repetitive exposure of pop-up advertisements and notifications, and making it difficult to close the advertisements and notifications
	Designing advertisements so they cover parts of the service excessively	Interfering with the user’s use of the service by covering the entire screen of the service or a substantial portion of the content with advertisements and making it difficult to close the ad Examples include: (i) the advertisement is displayed over a service in full screen, and the size of the “close” button is designed to be inconspicuous; or (ii) the digital content (e.g., a substantial portion of the video) is covered excessively and the advertisement is difficult to close
Induce users to opt in to receiving advertisements and notifications	Design that induces users to consent to receive mobile notifications	Inducing user choice by (i) directing mobile device users using web version to use the app version and inducing them to consent to app notifications by making the consent button excessively prominent or (ii) excessively using emotional language Examples include: designing (i) a button that induces users to move to the mobile app when accessing the service through the mobile web version, or (ii) an overly-conspicuous consent button (size and location-wise) on the mobile app to induce users to receive advertisements and notifications
	Design that interferes with the users’ ability to cancel subscription to email ads	Users’ ability to unsubscribe from email ads is obstructed by the unsubscribe button being placed inconspicuously in the main body of the e-mail
Inducing exposure of unwanted ads	Excessively exposing ads to users against their wishes	A user is directed to an ad against their will by clicking a link that does not indicate it will direct to an ad, and when the user attempts to exit the ad by going back, another ad is displayed
Vague labeling of ads	Design that misleads information and ads with ambiguous labeling	The results of a search or filter does not clearly distinguish between an ad and a genuine search result or makes the results ambiguous, or the results are arranged in a way to cause consumer misconception Inducing users to click an ad against their will by inconspicuously indicating that the result is an ad Examples include: (i) indicating that a search or filter result is an ad only for the first result item without making such indication in the remaining results, and making it difficult for users to clearly recognize ads and genuine results by mixing the two or making the distinction ambiguous; (ii) (when an ad is placed in the middle of the content) making the indication of ad less noticeable by using similar colors and fonts with the main content; or (iii) (when an ad is placed separately to the content) the indication of ad is marked inconspicuously
Inducing the use of the beta version of the software	Design that interferes with the use of the service through excessive update notifications	Inducing users to update to pre-commercial beta version software by excessively and repeatedly sending notifications and restricting users from closing the notification
Inducing data collection of user activity	Design that induces users into consenting to data collection	In the process of requesting consent for the collection of user data after opening the service, uses exaggerated expressions that may lead users to misunderstand the details of the data collection, or certain buttons and phrases are excessively highlighted in order to induce specific selection Examples include: (i) describing unverifiable information about the benefits of data collection or using excessively positive expressions, (ii) emphasizing buttons to induce users into making a particular choice, while inconspicuously displaying phrases that are disadvantageous to such choice

Implication

By invoking the provisions on prohibited acts under the TBA, the KCC has been taking enforcement action against dark pattern designs with potential for user harm. Further, in its 2025 key initiatives announcement, the KCC announced its plans to respond strictly to conducts that constitute deception of users (e.g., using dark patterns) and restriction of users’ right to choose. In the Casebook, the KCC also announced that it plans to (i) strengthen monitoring of major services, (ii) establish guidelines that regulate matters that service providers must comply with, and (iii) legislate types of prohibited conducts for cases that are highly likely to harm users. Separately, the amended Act on Consumer Protection in Electronic Commerce, Etc. (the “E-Commerce Act”), which is set to take effect on February 14, 2025, includes provisions that mandate service providers to obtain consumers’ consent before increasing the price of regularly scheduled subscription payments or switching to a regular paid subscription. The amended E-Commerce Act will also prohibit five types of dark patterns that may cause consumer misconception or carelessness. In sum, there is a clear regulatory trend of stricter regulations and enforcement over dark patterns.

Companies operating paid and free digital services online are advised to closely monitor these regulatory trends and make necessary advanced preparations to minimize the potential for consumer misconception with respect to their service UI and UX designs.

[Korean Version]

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