After the 'free trial' of an online subscription product, explicit consent from the consumer must be obtained again when converting to a paid subscription. The 'purchase' and 'cancel' buttons must be of the same size and brightness, and the link to 'terminate' must not be more cumbersome than 'contracting'.
The Fair Trade Commission made public on the 13th a 'Q&A on online dark patterns' containing this content. Dark patterns refer to 'online deception tactics' that induce unnecessary expenditure by causing consumer confusion or negligence.
The regulation on dark patterns encompasses six types: ① hidden renewal ② sequential price disclosure ③ pre-selection of certain options ④ incorrect hierarchy ⑤ interference in cancellation or withdrawal ⑥ repeated coercion. It will be implemented starting the next day (Feb. 14), with possible sanctions such as corrective measures, business suspension orders, or fines of up to 5 million won for violations.
When converting to a paid subscription after a certain period of free trial, consent from the consumer must be obtained again starting 30 days prior to the conversion date. Even if consent was obtained regarding this matter when the initial contract was made, consent must be obtained again. At this time, the form of consent must be 'explicit'. Implicit consent, such as not responding after sending an email, is not recognized.
If there is a clause in the terms and conditions stating 'if there is no separate indication of the consumer's intention to terminate before the end of the free trial period, it will be assumed that they agreed to the conversion to paid', this could be considered an unfair term.
It is also prohibited to lure consumers by displaying only part of the price rather than the total amount on the initial screen and then sequentially revealing additional prices during the actual purchase process. Taxes such as value-added taxes and additional costs like shipping and installation fees must also be included in the total amount displayed. If the total amount may vary depending on options chosen by the consumer, it constitutes justifiable grounds for not advertising the total amount; however, in this case, the reason must be disclosed on the first screen. For this, a grace period of six months will be provided considering the business preparation time.
It is also a dark pattern to pre-select options favorable to the business and lead consumers to overlook them. Providing convenience to consumers, such as pre-selecting a previously chosen delivery address, does not fall under this. However, pre-checking options for purchasing products, subscribing to services, or utilizing options becomes problematic.
The process for cancelling, withdrawing, or terminating should be as easy as purchasing, joining, or contracting. If the purchase button is prominent but the cancel button is dull, has small text, or is hard to find, it poses a problem. Complicated procedures for entering cancellation, withdrawal, or termination are also issues. If there are more steps in the cancellation, withdrawal, or termination process than in purchasing, joining, or contracting, or if access to the link is difficult, it may qualify as a 'complex design'.
Additionally, it is prohibited to pressure consumers by repeatedly requesting them to reverse their previously made selections and decisions regarding receiving advertising information and consent to use and provide personal information through pop-up windows.