Hello, this is Attorney Young-Kyung Lee of Cheongchul Law Firm.

On October 6, 2026, the Korea Fair Trade Commission (KFTC) prepared and released the "Guidelines for Operating Online Interfaces to Prevent Dark Patterns" (the "Guidelines") to improve businesses' understanding of dark pattern regulation under the Act on the Consumer Protection in Electronic Commerce (전자상거래법) and to support compliance. The Guidelines consolidate and update the existing "Online Dark Pattern Self-Management Guidelines" (July 2023) and the "Q&A on Regulation of Six Types of Online Dark Patterns" (February 2025), and reflect monitoring results (February to July 2025) and enforcement outcomes, setting out the concept, key compliance points, detailed precautions, and concrete examples for each of 13 types. In particular, "fake discounts," "fake recommendations (reviews)," "bait sales," and "disguised advertising" are directly tied not only to Article 21(1)(i) of the E-Commerce Act (전자상거래법 제21조 제1항 제1호) but also to Article 3(1) of the Fair Labeling and Advertising Act (표시광고법 제3조 제1항), so advertising and marketing managers should review them carefully.

Cheongchul Law Firm is composed of attorneys specializing in the Fair Labeling and Advertising Act and the E-Commerce Act, with experience both representing the KFTC in having the legality of its dispositions upheld in court and representing numerous companies in responding to KFTC investigations, deliberations, and litigation. This column is based on the KFTC's press reference material dated October 6, 2026 and the full text of the Guidelines attached thereto.

Summary at a Glance – 13 Dark Patterns in 4 Categories and the Recommended Placement of "Cancel/Withdraw" Buttons

The Guidelines classify dark patterns into 4 categories (deceptive, misleading, obstructive, and pressuring) and 13 detailed types, presenting the relevant legal provisions, examples of violations, and best practices for each type. However, the Guidelines themselves are not legally binding; determinations of legal violations are governed first by the E-Commerce Act, its Enforcement Decree and Enforcement Rules, and the "Consumer Protection Guidelines in Electronic Commerce." Nevertheless, as an enforcement standard the KFTC prepared based on actual monitoring and corrective cases, the Guidelines are likely to function in practice as the "checklist standard" for business self-inspection.

● Release date: October 6, 2026 (comments from business associations August 24 to September 3; business roundtable September 7)

● Scope: cases where e-commerce or mail-order sales are conducted through a cyber mall or online interface (website or mobile app)

● Structure: deceptive (2) · misleading (7) · obstructive (3) · pressuring (1) = 13 types

● Key recommendation: place cancel/withdraw buttons on the first screen after login or on a screen reachable with a single click (such as "My Page")

● Sanctions: corrective orders, business suspension, and penalty surcharges (E-Commerce Act Articles 32 and 34; 전자상거래법 제32조·제34조), and administrative fines of up to KRW 10 million or KRW 20 million depending on the type (Article 45; 제45조)

1. Background – Consolidating Scattered Regulatory Information and Reflecting Enforcement Cases

The KFTC prepared these Guidelines against the backdrop of changed institutional conditions, including the incorporation of statutory interpretations and recommendations for businesses into the "Consumer Protection Guidelines in Electronic Commerce," amended in September 2025 following the entry into force of the dark pattern provisions of the E-Commerce Act, as well as the fact that the relevant content had been scattered across the existing guidelines and Q&A. The key point is the addition of concrete examples of legal violations that businesses can refer to when actually designing and operating online interfaces.

2. The 13 Types of Dark Patterns in 4 Categories and the Relevant Legal Provisions

The 4 Types Directly Linked to the Fair Labeling and Advertising Act (Fake Discounts, Fake Recommendations, Bait Sales, Disguised Advertising)

A fake discount is the act of inflating the reference price or displaying the current selling price lower than it actually is so that the discount rate appears higher; the Guidelines advise that the reference price should preferably be a price at which actual transactions were recorded. Fake recommendations include deleting unfavorable reviews without reason or manipulating their display order, having favorable reviews written falsely, or failing to clearly disclose that compensation was provided. The Guidelines expressly state that where such conduct is commissioned to and carried out by an advertising agency, not only the commissioning business but also the advertising agency may be held liable. Disguised advertising is connected to the issue of disclosing economic interests (see the KFTC's "Guide to the Review Guidelines on Recommendations and Endorsements").

3. Key Compliance Points for Types That Raise Significant Practical Issues

Obstruction of Cancellation/Withdrawal – Button Placement and Procedural Complexity

Cancellation and withdrawal procedures must not be more complex than purchase and sign-up procedures (assessed comprehensively using quantitative criteria such as the number of clicks and menus and qualitative criteria such as the difficulty of access), and consumers must be able to cancel or withdraw by the same method they used to sign up. Requiring purchases or sign-ups to be made online while accepting cancellations only by phone, email, in-person visit, chatbot, or 1:1 inquiry is also prohibited. It is recommended that the button be placed not in hard-to-predict locations such as "Edit Personal Information" or "Security Settings" but on the first screen after login or on a screen reachable with a single click, and that it be labeled intuitively, such as "Cancel Membership" or "Withdraw Account." A design that forces a survey response may constitute obstruction, while unavoidable reasons such as identity verification or settlement may be recognized as legitimate grounds.

Hidden Renewal – Separate Consent for Recurring Payment Increases or Conversion to Paid Service

Where the amount of a recurring payment is increased or a free service is converted to a paid one, the consumer's consent must be obtained within 30 days beforehand, and blanket consent given at the time of contract formation cannot substitute for it. Mere continued use or the absence of an expressed refusal must not be interpreted as implied consent, and the system must be designed so that no payment is processed without consent. Charging the regular price after a discount or free promotion for new subscribers ends also requires separate consent, but a return to the original price after a temporary discount during ongoing regular-price billing is not regarded as an increase.

Repeated Interference – The 7-Day Standard

The problematic conduct is demanding, through pop-ups or similar means, that a consumer change an already-made choice two or more times; it is recommended to provide an option, such as "Do not show again for 7 days," that allows the consumer to avoid the same demand for at least 7 days (Enforcement Decree Article 27-2; 시행령 제27조의2). Showing the same pop-up again the next day to a consumer who has already expressed an intent to cancel may constitute repeated interference, and repeating this during the cancellation or withdrawal process may constitute both obstruction of cancellation/withdrawal and repeated interference.

False Hierarchy – Visual Differences Between Options

Designs that highlight only the "Change Plan" button by color and size on the cancellation screen while making "Cancel Auto-Payment" inconspicuous, or that provide only a consent option without an explicit refusal option, may constitute violations. Providing consent and refusal options together in similar size and color is presented as best practice.

4. Sanctions for Legal Violations

5. Self-Inspection Checklist for Online Service Company Managers

6. Frequently Asked Questions (FAQ)

Q1. Will I be penalized immediately if I do not follow the Guidelines?

The Guidelines themselves are not legally binding, and whether the law has been violated is governed first by the E-Commerce Act and its subordinate regulations and by the Consumer Protection Guidelines. However, because the Guidelines are an interpretive standard that reflects enforcement and monitoring results, an interface that departs from them carries a high risk of becoming subject to corrective orders, administrative fines, and the like.

Q2. Can I include a benefits notice or a survey step in the cancellation process?

A survey may be permitted to the extent that the cancellation or withdrawal procedure is not more complex than the purchase or sign-up procedure, but forcing the consumer to respond before proceeding may constitute obstruction. Designs that add unnecessary steps to reconfirm the consumer's intent were also presented as examples of violations.

Q3. How should I obtain consent for regular-price billing after a new-subscriber promotion ends?

Even if it was included in the terms at the time of the initial contract, within 30 days before the payment date you must obtain consent, separately from the contract formation, to the date of the increase or conversion, the prices before and after the change, and the payment method, and you must also notify the consumer of the conditions and method of cancellation.

Q4. Are review events or product-tester reviews also a problem?

If a review written in exchange for compensation such as free products does not clearly disclose that fact, it may be assessed as a fake recommendation or disguised advertising, and Article 3(1) of the Fair Labeling and Advertising Act (표시광고법 제3조 제1항) is also implicated. Even if the work was outsourced to an agency, both the commissioning business and the agency may be held liable.

Q5. Are overseas services or app market payments also covered?

The Guidelines cover cases where e-commerce or mail-order sales are conducted through a cyber mall or online interface (website or mobile app). The specific scope of application may vary depending on the transaction structure, so individual review is required.

7. Cheongchul Law Firm's Advisory Services on the Fair Labeling and Advertising Act and the E-Commerce Act

Cheongchul Law Firm is composed of attorneys specializing in the Fair Labeling and Advertising Act and the E-Commerce Act, with experience in the fields of the Fair Labeling and Advertising Act, the E-Commerce Act, and the Fair Trade Act both representing the KFTC in having the legality of its dispositions upheld in court and representing numerous companies in responding to KFTC investigations and deliberations and in litigation to revoke dispositions. Because dark patterns are judged by the effect the interface has on consumers rather than by "intent," an inspection before service launch or redesign is the most efficient approach. Corporate managers who need an online service screen inspection or a response to an investigation notice are welcome to contact Cheongchul Law Firm.