Abstract This article explains why hyper-engaging dark patterns should be considered unlawful in the European Union even though they are very common online, particularly on content-sharing platforms. A hyper-engaging dark pattern is a digital interface with an addictive design: it makes users spend more time interacting with the service by making use of big data analytics and one or more behavioural trait. Hyper-engaging dark patterns are a form of hypernudge. They exploit the dopamine cycle, reduce users’ autonomy and may have additional detrimental health effects. The Unfair Commercial Practices Directive should be interpreted as prohibiting them either as a form of undue influence or under the general test pursuant to Article 5. Both the Digital Services Act and the Artificial Intelligence Act can play a beneficial but merely complementary role in combatting the diffusion of hyper-engaging dark patterns.
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Addictive Design as an Unfair Commercial Practice: The Case of Hyper-Engaging Dark Patterns
This article explains why hyper-engaging dark patterns, which are addictive digital interfaces, should be considered unlawful in the European Union. These patterns exploit the dopamine cycle, reduce user autonomy, and can harm health. The Unfair Commercial Practices Directive should prohibit them as undue influence or under Article 5. The Digital Services Act and Artificial Intelligence Act can also help combat their spread.