1.

Obligations and Penalties Related to Dark Patterns Under the E-Commerce Act
 

(1)

Detailed Regulations on Dark Patterns

The amended E-Commerce Act sets forth certain obligations and prohibitions related to six types of dark patterns (hidden renewals, drip pricing, pre-selected options, misleading hierarchies, obstruction of cancellation/withdrawal, and repeated interference). Among them, the amended Enforcement Regulations specify (i) a consent period of 30 days for hidden renewals, and (ii) exceptions for drip pricing and repeated interference (see section on Q&A document below).
 

(2)

Detailed Criteria for Business Suspension and Fines
 
The Enforcement Regulations provide for potential business suspension and fines for violations relating to the aforementioned six types of dark patterns. It also establishes criteria regarding the duration of business suspension and the amount of penalties imposed based on the number of violations, as outlined below.
 

2.

Key Details of the Q&A Document

The KFTC published the Q&A document on February 13, 2025, including the KFTC’s authoritative interpretations on e-commerce providers’ obligations related to each type of dark pattern. We summarize some practical considerations for e-commerce providers on the key points as follows.
 

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Starting point: If a one-month free trial starts on May 1 and will convert to a paid subscription on June 1 under a contract, the e-commerce provider should obtain consumer consent within the 30-day window before the payment date of June 1, which would be from May 2 to May 31.

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Scope of consent: Even if the e-commerce provider already obtained prior consent from consumers at the time of the initial contract, and even if the discount or free trial period is less than 30 days, the provider still must obtain separate consent within the period prescribed by law.

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Method of consent: Explicit consent is required in writing (this may include electronic documents or pop-up notices). If the terms of service provide for “deemed” consent based on the failure to opt-out, this may be construed as invalid under the Standardized Contract Regulation Act.

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Exemptions: The consent requirement does not apply if an e-commerce provider decides to revert to the original price, after providing a one-time discount or free service period as part of a promotion to a consumer who had already been paying a regular subscription fee.
 

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First screen: This refers to the initial screen that displays information on products and prices to attract purchases (e.g., the search results page when searching for a product, the category page that appears upon clicking a particular category, or when specific product information with prices is displayed on the initial page or a banner).

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Total amount that must be paid: This includes all costs that the consumer must pay to make a purchase or use the service, such as shipping fees, installation fees, and taxes (like VAT).

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Justifiable reasons: This refers to cases where it is difficult at the outset to list the total amount to be paid because the price changes depending on options to be selected (e.g., shipping fees, installation fees).

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Method of disclosure: In principle, all pricing information must be disclosed on the first screen. However, on search results pages with limited space, it is sufficient to indicate only the excluded cost items and provide a direct link to a separate page to provide the justifiable reasons. (Please refer to the example below excerpted from the KFTC’s press release dated February 10, 2025.)

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Grace period: The KFTC will provide a grace period of six months from the effective date of February 14, 2025, intended to encourage voluntary compliance and self-correction.
 

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Providing options: This refers to asking about the intention to purchase, subscribe, or enter into a contract. Pre-selecting the option to (i) purchase recommended items or (ii) apply additional options, constitutes “inducing” subscription. However, pre-selecting merely for consumer convenience (e.g., pre-selecting a past delivery address or allowing consumers to set defaults) does not.
 

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Presenting options: This is limited to options concerning purchasing, subscribing, entering into contracts, or canceling, withdrawing, or terminating, and is distinct from simply displaying ads or providing information.

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Visually conspicuous difference: This is limited to cases where each option is not presented in a uniform or non-discriminatory manner, such as when the color of a specific option appears faded, the font size or checkbox is smaller than the others, or when certain checkboxes are difficult to locate.
 

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Justifiable reasons: This refers to unavoidable circumstances such as procedures required by law, or procedures for settling accounts after termination.

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The complexity of procedures: This is assessed comprehensively considering the specific circumstances, by comparing (a) the number of steps for purchasing, subscribing, or entering into contract procedures and the number of steps for cancellation, withdrawal, or termination procedures (quantitatively) and (b) the accessibility of links to access each procedure (qualitatively).
 

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Selection or choice consumers have already made: If the consumer did not select any options and pressed “Close window” or “Notify me later,” nothing has been selected or chosen. However, if only the option to consent is provided and the option to refuse is not available, clicking on “Close window” may be interpreted as a refusal.

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Methods of requesting changes to selections or choices: This includes re-displaying the same selection or confirming intent to change through a pop-up window. Even if the purpose is to confirm consumer choices or providing information, if the consumer is repeatedly asked to confirm their choice, it may be interpreted as requesting consumers to change their selection/choice.

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Exception: E-commerce providers may repeatedly request consumers to change their selection or choice, if the providers enable the consumers to choose not to receive such change requests for at least seven days.
 

3.

Implications

In its action plan for 2025, the KFTC included a commitment to monitor and prevent dark patterns; the KFTC’s Q&A document is in line with this commitment. The KFTC has also stated that it will provide a grace period, but only for the “gradual disclosure of costs,” considering the time needed for system development. Therefore, it is essential for businesses to assess their platforms’ user interfaces and design, to immediately identify issues and undertake any necessary corrections, as there is no grace period for the remaining types of dark patterns.

Meanwhile, the Korea Communications Commission (“KCC”) is also strengthening enforcement against dark patterns. To that end, on January 22, 2025, the KCC published a “Casebook on Dark Patterns,” identifying ten distinct categories of dark pattern cases related to digital subscription services, digital service ads and notifications, and data collection.

The movement to regulate various types of dark patterns spans multiple statutes, including the E-Commerce Act, the Telecommunications Business Act, and the Personal Information Protection Act. Regulatory agencies such as the KFTC and the KCC continue to release their authoritative interpretations and guidelines on dark patterns, and companies will benefit from continuing to monitoring the regulatory trends concerning dark patterns, and proactively addressing potential issues.