Dark Patterns and Addictive Designs

Abstract

The proliferation of digital platforms has given rise to manipulative design practices known as “dark patterns,” which exploit users’ vulnerabilities to influence behavior, leading them to make decisions against their own interests. Among these, addictive designs have emerged as a particularly concerning subset, systematically capturing and manipulating user attention to create compulsive engagement. This paper explores the concept of addictive designs as a type of dark pattern, examining their manipulative nature, impact on user autonomy, and potential harm to well-being. By analyzing the current legal framework in the European Union related to dark patterns, including the General Data Protection Regulation, the Unfair Commercial Practices Directive, the Digital Services Act, this paper identifies significant gaps in how the challenges posed by addictive designs are addressed. The paper makes three key suggestions for effectively regulating these practices and protecting users’ rights: clarifying the definition and scope of dark patterns to encompass both interface designs and algorithmic systems; recognizing the value of attention in shaping personal autonomy and considering attention rights as a distinct category of protection in digital regulations; and amending consumer protection laws to address the online manipulation of digital markets.