Avoiding Dark Patterns in Website and Checkout Design
Most online stores want a smooth path from product page to payment. The trouble starts when that path is built to trick people rather than help them. Designers call these tricks dark patterns.
Australia now has a law aimed squarely at them. Parliament passed the new rules in July 2026 and they start on 1 July 2027. That gives business owners a window to check their websites, apps and checkouts before the ban begins.
What a dark pattern looks like
A dark pattern is a design choice that steers a person into something they did not plan to do. The Australian Competition and Consumer Commission (ACCC) has described them as the design of user interfaces intended to confuse users. They often work quietly. A shopper may not notice the nudge until the money has left their account.
Common examples are easy to spot once you know them. A countdown timer resets each time the page reloads. A box that adds insurance to the order is ticked before the shopper arrives. The button to decline an offer uses guilt, such as “No thanks, I like paying full price”.
Other tricks hide in the checkout. A price shown on the product page grows as extra fees appear at each step. A free trial rolls into a paid plan with little warning. Cancelling takes far longer than signing up did.
The new unfair trading practices law
The law is the Competition and Consumer Amendment (Unfair Trading Practices) Act 2026. It changes the Australian Consumer Law, which sits in Schedule 2 of the Competition and Consumer Act 2010. The government announced its passage on 2 July 2026. You can read the Treasury ministers’ release on banning unfair trading tricks and traps for the official summary.
The release gives a 12 month lead time before the ban takes effect from 1 July 2027. It also names the problems the law targets. These include last minute “service” and “handling” fees at checkout. They also include people being nudged and steered by online design features into decisions they would not otherwise make.
The general ban
The centre of the law is a general prohibition on unfair trading practices. According to the Parliamentary Library’s Bills Digest for the unfair trading practices Bill, conduct is caught when two things happen. It manipulates the consumer or unreasonably distorts the setting in which they make a decision. It also causes, or is likely to cause, detriment to them.
That detriment does not have to be financial. The digest notes that the explanatory memorandum says the first part of the test is meant to deal with dark patterns in digital interfaces. In plain terms, the law looks at how your page is built as well as the words on it.
Subscriptions and drip pricing
The law adds specific rules for subscription contracts. This includes offers with a free or discounted first period. Suppliers will need to give key information when they make the offer and send set notices while the subscription runs. They will also need to give people an easy way to cancel.
Drip pricing gets its own rule too. If you advertise a base price for personal or household goods, you will need to show any transaction based charge alongside it. If the charge cannot be known in advance, you show how it is worked out. Some of the subscription protections also reach small businesses that meet the small business criteria in the Australian Consumer Law.
Rules that already apply today
The new law adds to existing protections rather than replacing them. The ban on misleading or deceptive conduct in section 18 of the Australian Consumer Law still applies. So do the rules against unconscionable conduct and unfair contract terms. A fake “only two left” message can already land a business in trouble if it is untrue.
Refunds and cancellations are another area where good design matters. If your returns page hides what customers are entitled to, it may cause problems under the consumer guarantees. Our guide to customer refund rules covers that ground. Broader risks for online sellers are set out in our post on online business legal landmines.
Penalties for getting it wrong
The penalties are large. The Bills Digest lists a maximum for companies of $100 million or three times the benefit gained, whichever is greater. If the benefit cannot be worked out, the alternative is 30 per cent of adjusted turnover during the breach. Individuals face their own penalties for breaching the general ban. The ACCC is the enforcer.
The digest also notes that infringement notices are available for the general ban. Courts can make adverse publicity orders as well. The minister must review the new measures within two years of them starting.
How to audit your own website
The best place to start is your own checkout. Buy something from your site as if you were a customer, then try to cancel or return it. Note every step that feels slow, confusing or pushy. Ask a friend who has never used the site to do the same.
Then work through the common trouble spots. A short checklist helps keep the review honest. Tick off each item for every page in the buying process.
- Show the full price, including fees you can work out in advance, from the first screen.
- Leave add ons such as insurance or donations unticked by default.
- Use timers and stock warnings only when they are true.
- Write decline buttons in plain, neutral words.
- Make cancelling a subscription about as easy as starting one.
- Explain clearly when a free trial ends and what it will cost after that.
Your sign up forms deserve a look as well. If you collect email addresses at checkout, make the choice clear and do not hide consent in fine print. Our post on how to build effective email marketing covers growing a list people actually want to be on. A clear choice also keeps your list full of people who said yes.
Good design that still converts
None of this means a checkout has to be dull. You can still use strong product photos, clear calls to action and short forms. The difference is that every prompt tells the truth. Good design guides the shopper without boxing them in.
Attention is short online, so clarity beats pressure. Our post on the attention economy and customer focus looks at earning interest in a few seconds. Use that time to show value, not to hide costs. A page that respects the reader is easier to defend if a regulator ever asks questions.
Keep a simple record of the changes you make before July 2027. Note the date, what you changed and why. That record helps your team stay consistent as the site grows. It also shows you took the new law seriously.
Frequently asked questions
When does the dark patterns ban start?
The government says the ban on unfair trading practices takes effect from 1 July 2027. That follows a 12 month period for businesses to prepare. The existing rules against misleading conduct already apply now.
Does the law ban countdown timers?
The law does not list timers as banned. A timer that is false or built to pressure people could still be caught by the general ban or by the existing misleading conduct rules. A timer that reflects a real deadline is far less risky.
Is forced account creation banned?
The Bills Digest says forced account creation is not expressly banned. It notes it could still fall within the general prohibition. Offering a guest checkout is a simple way to reduce that risk.
Do the rules protect businesses as customers?
The general ban covers consumers and excludes businesses acting as consumers. Some of the new subscription protections do extend to small businesses that meet the criteria in the Australian Consumer Law. The government has also consulted on wider protections for small business.
This article is general information only and is not legal advice. Laws and processes can differ between states and change over time. Please speak with a qualified lawyer about your own business.
