On September 30, 2025, the Korea Fair Trade Commission (“KFTC”) announced, the corrective actions it imposed concerning suspected dark patterns identified in the online interfaces of major online platforms. From the enforcement of the amended Act on Consumer Protection in Electronic Commerce (the “E-Commerce Act”) on February 14, 2025, which broadened the scope of regulations addressing dark patterns, until July 2025, the KFTC and the Korea Consumer Agency monitored online platforms in various sectors—such as OTT, music streaming, and online shopping—to identify potential dark patterns that could mislead or cause confusion to consumers.
For cases suspected of involving dark patterns, the KFTC conducted consultations with the relevant businesses and, where appropriate, requested that they take corrective action. In instances where technical improvements such as system modifications required additional time, the KFTC received plans for corrective measures from the businesses. The KFTC plans to review whether these businesses actually implement their corrective measures as promised, and if they fail to do so, the KFTC will take enforcement actions, including corrective orders and administrative fines.
I. REGULATION OF DARK PATTERNS ON ONLINE PLATFORMS FOLLOWING THE AMENDMENT TO THE E-COMMERCE ACT
1. Newly Regulated Types of Dark Patterns under the Amended E-Commerce Act
Prior to the amendment to the E-Commerce Act, acts such as providing false or exaggerated information, inducing consumers to transact or obstructing their right to cancel subscriptions through deceptive methods were prohibited. Under this previous rule, the KFTC had regulated certain types of dark patterns—such as false discounts, false recommendation, bait and switch, disguised ads, misleading questions, hidden information, and obstruction of price comparison—that could arise in operating online interfaces (i.e., software platforms such as websites or mobile apps that serve as a medium between consumers and businesses).
With the enforcement of the amended E-Commerce Act on February 14, 2025, new rules were introduced, enabling the KFTC to regulate six additional types of dark patterns that had previously been unregulated. The newly regulated types of dark patterns are as follows:
[ Types of Dark Patterns Added under the Amended E-Commerce Act ]
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Type (Relevant Provision)
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Conduct
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Hidden Renewal (Art. 13(6))
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Automatically charging consumers without providing separate notice or obtaining their consent when converting from a free trial to a paid service or increasing the payment amount
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Drip Pricing (Art. 21-2(1)1)
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Deliberately displaying a lower price on the initial page, then revealing hidden charges as the payment process proceeds and billing consumers the total combined amount
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Pre-selected Options (Art. 21-2(1)2)
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Pre-selecting options that are favorable to the business, thereby inducing consumers to proceed without noticing
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False Hierarchy Structure (Art. 21-2(1)3)
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Highlighting options that are disadvantageous to consumers or favorable to the business in a visually prominent way, thereby misleading consumers into believing that such options are the only or mandatory choices
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Obstructing Cancellation or Withdrawal
(Art. 21-2(1)4)
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Making procedures for cancellation, termination, or withdrawal more complicated or restrictive than those for purchase, contract execution, or membership registration
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Nagging (Art. 21-2(1)5)
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Repeatedly prompting consumers through pop-ups or other methods, thereby pressuring them to take a certain action
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2. Cases of Corrective Actions Taken by the KFTC
Main corrective actions taken by the KFTC can be categorized as follows:
a. Obstructing Cancellation or Withdrawal: In the rental services sector, including car rentals, the KFTC required businesses to correct their cancellation or withdrawal procedures that were more complicated or restrictive than the sign-up process. (i) Requests for cancellation or termination, which had previously been accepted only through phone consultations, were made available through websites and mobile apps; and (ii) the steps for reconfirming consumers’ intention to withdraw were simplified to ensure that withdrawal could proceed without unnecessary interference.
b. Hidden Renewal: In the subscription service sectors such as OTT, music streaming, and e-books, the KFTC required businesses to obtain consumers’ prior consent when converting from a free trial to paid services or increasing regular subscription fees. (i) Procedures have been established to obtain separate prior consent when a free trial ends or when subscription fees are increased; and (ii) the wording and displays have been clarified to ensure that consumers can clearly recognize and choose whether to consent to conversion to a paid service or an increase in subscription fee.
c. False Hierarchy Structure: In the subscription service sectors such as OTT, music streaming, and e-books, the KFTC addressed cases where businesses emphasized certain options in a way that misled consumers into believing they could only choose to purchase, subscribe, or enter into a contract. (i) The “Cancel Subscription” button was made more visible and easier to recognize; (ii) both “Cancel Automatic Payment” and “Early Termination” options were provided; and (iii) in the event of an increase in subscription fee, consumers must now be presented with the option whether to consent or not.
d. Drip Pricing: In the online shopping mall and travel OTA sectors, the KFTC addressed cases where businesses displayed only part of the total amount to be paid by consumers on the first screen to attract purchases. They were required to: (i) display the total amount payable by consumers, including customs duties, value-added tax (VAT), and shipping fees, on the first screen; or (ii) clearly indicate items excluded from the total amount, such as shipping fees.
e. Other Deceptive Practices: (i) Businesses were required to display the adult fare as the listed price rather than the children’s fare; (ii) ensure consistency between the prices shown in product listings and the actual prices; and (iii) refrain from requesting payment amounts higher than those displayed during the checkout process.
II. IMPLICATIONS
The KFTC plans to continue closely monitoring and actively addressing dark patterns on online platforms that may cause consumer harm. During the National Policy Committee of the National Assembly’s audit of the KFTC on October 14, 2025, there was a recommendation for stronger regulation of dark patterns that make it difficult for consumers to cancel services. In response, KFTC Chairperson Biung-Ghi Ju expressed his agreement with the recommendation. Therefore, businesses engaged in e-commerce are advised to review the amended provisions of the E-Commerce Act and take into account the KFTC’s recent corrective actions to strengthen compliance.
[Korean Version]
