The major online shopping malls such as Coupang and Naver will implement self-regulation from the 1st to prevent consumer deception through so-called dark patterns.
The Fair Trade Commission announced that on this day, they approved and implemented the ‘Self-Regulation on Online Interface Operations’ prepared by the Korea Online Shopping Association to prevent online deceptive practices (dark patterns). Twenty-eight major online shopping malls, including Coupang, Naver, and 11st, are participating in the self-regulation.
The self-regulation includes compliance requirements for businesses related to dark patterns and the establishment and operation of a Self-Compliance Council.
Participating companies have agreed to voluntarily prohibit interfaces causing consumer discomfort, such as ‘sneaky cart additions’ and ‘deceptive questions,’ in addition to dark pattern types defined by the Electronic Commerce Act. This decision comes amid criticism that consumer harm has not been eradicated despite a legal ban on six types of dark patterns, including hidden renewals.
Moreover, to prepare for inspection and improvement plans regarding the implementation of the regulation, a Self-Compliance Council, consisting of members from business associations, academia, and consumer organizations, will be operated. The council will regularly inspect the status of the implementation by participating companies and will publish the results or provide them to the Korea Consumer Agency.
According to the self-regulation, if a self-checked and corrected action is later recognized as a legal violation concerning dark patterns, the Fair Trade Commission will generally opt to recommend corrections, thereby providing an opportunity for voluntary rectification. This measure aims to expand participation in self-regulation.
An official from the Fair Trade Commission stated, “We will continue to monitor whether the self-regulation functions properly in the market and make policy efforts to ensure that the newly implemented online dark pattern regulation is successfully established in the market.”