Compliance & Dark Pattern Audit
Compliance & Dark Pattern Audit
Compliance & Dark Pattern Audit
What is a compliance and dark pattern audit?
A compliance and dark pattern audit reviews a digital product or service for interface patterns that may present risk under emerging unfair trading practices legislation. Patterns that manipulate, distort or unreasonably pressure customers into a decision. In Australia, the Competition and Consumer Amendment (Unfair Trading Practices) Act 2026 introduces a general prohibition on unfair trading practices from 1 July 2027, targeting conduct that "does or is likely to manipulate the consumer, or unreasonably distort the environment in which the consumer makes a decision" and causes, or is likely to cause, detriment. Common examples include pre-selected subscription add-ons, hidden or drip-fed costs, confusing cancellation flows and false urgency.
What is a compliance and dark pattern audit?
A compliance and dark pattern audit reviews a digital product or service for interface patterns that may present risk under emerging unfair trading practices legislation. Patterns that manipulate, distort or unreasonably pressure customers into a decision. In Australia, the Competition and Consumer Amendment (Unfair Trading Practices) Act 2026 introduces a general prohibition on unfair trading practices from 1 July 2027, targeting conduct that "does or is likely to manipulate the consumer, or unreasonably distort the environment in which the consumer makes a decision" and causes, or is likely to cause, detriment. Common examples include pre-selected subscription add-ons, hidden or drip-fed costs, confusing cancellation flows and false urgency.
Compliance audit process
Why do we support compliance audits?
Design and legal risk increasingly overlap. Interface decisions such as defaults, timing, pricing display and friction determine how a customer experiences a product. From July 2027 those same decisions may carry legal weight, whether under a bright line disclosure rule or a broader conduct standard. We bring deep expertise in design and human behaviour: how people read, decide and respond to interfaces. We don't interpret legislation or provide legal advice. That determination sits with your legal and compliance teams. Our role is to surface the patterns, explain the behavioural mechanics at play, and hand over clear, evidence based findings your team can assess against the law.
How do we approach a compliance audit?
We review your key customer journeys including checkout, sign up, cancellation and account changes against each relevant part of the Act. For pricing and cost disclosure, and for subscription sign up and exit, the Act sets specific, testable requirements. Is a mandatory fee shown clearly near the base price? Is a subscription's terms disclosed before sign up? Can a customer exit as easily as they signed up? For the general prohibition, we apply its two limb test: does the conduct manipulate or distort a customer's decision, and does it cause or risk causing detriment? We assess defaults, disclosure timing, pricing presentation and cancellation friction, and document each finding with supporting evidence, tagged to the specific provision it relates to. Findings are structured for your legal and compliance teams to review, prioritise and determine how the law applies to your specific context.
When do we support compliance audits?
A compliance and dark pattern audit is most valuable now, ahead of the 1 July 2027 commencement date. For the general prohibition and drip pricing rules, there is no grandfathering. They apply to existing digital properties from day one of commencement, regardless of when the underlying offer was first made. Subscription contract requirements apply on a longer runway, generally to contracts entered into, renewed or varied from that date. Either way, an audit now gives legal and compliance teams time to review findings and plan remediation before enforcement begins. It pairs well with legal counsel review, and works alongside our Expert UX Review or Accessibility Review as part of a broader risk assessment. It is also a sensible check in whenever you are introducing new pricing, subscription or checkout flows.
Compliance audit process
Why do we support compliance audits?
Design and legal risk increasingly overlap. Interface decisions such as defaults, timing, pricing display and friction determine how a customer experiences a product. From July 2027 those same decisions may carry legal weight, whether under a bright line disclosure rule or a broader conduct standard. We bring deep expertise in design and human behaviour: how people read, decide and respond to interfaces. We don't interpret legislation or provide legal advice. That determination sits with your legal and compliance teams. Our role is to surface the patterns, explain the behavioural mechanics at play, and hand over clear, evidence based findings your team can assess against the law.
How do we approach a compliance audit?
We review your key customer journeys including checkout, sign up, cancellation and account changes against each relevant part of the Act. For pricing and cost disclosure, and for subscription sign up and exit, the Act sets specific, testable requirements. Is a mandatory fee shown clearly near the base price? Is a subscription's terms disclosed before sign up? Can a customer exit as easily as they signed up? For the general prohibition, we apply its two limb test: does the conduct manipulate or distort a customer's decision, and does it cause or risk causing detriment? We assess defaults, disclosure timing, pricing presentation and cancellation friction, and document each finding with supporting evidence, tagged to the specific provision it relates to. Findings are structured for your legal and compliance teams to review, prioritise and determine how the law applies to your specific context.
When do we support compliance audits?
A compliance and dark pattern audit is most valuable now, ahead of the 1 July 2027 commencement date, giving legal and compliance teams time to review findings and plan remediation before enforcement begins. It pairs well with legal counsel review, and works alongside our Expert UX Review or Accessibility Review as part of a broader risk assessment. It's also a sensible check-in whenever you're introducing new pricing, subscription or checkout flows.
Compliance audit process
Why do we support compliance audits?
Design and legal risk increasingly overlap. Interface decisions such as defaults, timing, pricing display and friction determine how a customer experiences a product. From July 2027 those same decisions may carry legal weight, whether under a bright line disclosure rule or a broader conduct standard. We bring deep expertise in design and human behaviour: how people read, decide and respond to interfaces. We don't interpret legislation or provide legal advice. That determination sits with your legal and compliance teams. Our role is to surface the patterns, explain the behavioural mechanics at play, and hand over clear, evidence based findings your team can assess against the law.
How do we approach a compliance audit?
We review your key customer journeys including checkout, sign up, cancellation and account changes against each relevant part of the Act. For pricing and cost disclosure, and for subscription sign up and exit, the Act sets specific, testable requirements. Is a mandatory fee shown clearly near the base price? Is a subscription's terms disclosed before sign up? Can a customer exit as easily as they signed up? For the general prohibition, we apply its two limb test: does the conduct manipulate or distort a customer's decision, and does it cause or risk causing detriment? We assess defaults, disclosure timing, pricing presentation and cancellation friction, and document each finding with supporting evidence, tagged to the specific provision it relates to. Findings are structured for your legal and compliance teams to review, prioritise and determine how the law applies to your specific context.
When do we support compliance audits?
A compliance and dark pattern audit is most valuable now, ahead of the 1 July 2027 commencement date. For the general prohibition and drip pricing rules, there is no grandfathering. They apply to existing digital properties from day one of commencement, regardless of when the underlying offer was first made. Subscription contract requirements apply on a longer runway, generally to contracts entered into, renewed or varied from that date. Either way, an audit now gives legal and compliance teams time to review findings and plan remediation before enforcement begins. It pairs well with legal counsel review, and works alongside our Expert UX Review or Accessibility Review as part of a broader risk assessment. It is also a sensible check in whenever you are introducing new pricing, subscription or checkout flows.
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Want to know more?
We'd love to hear from you. Get in touch to discuss your project or learn more about how we can help.
Want to know more?
We'd love to hear from you. Get in touch to discuss your project or learn more about how we can help.