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European Journal of Risk Regulation
Article . 2024 . Peer-reviewed
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Addictive Design as an Unfair Commercial Practice: The Case of Hyper-Engaging Dark Patterns

The Case of Hyper-Engaging Dark Patterns
Authors: Fabrizio Esposito; Thaís Maciel Cathoud Ferreira;

Addictive Design as an Unfair Commercial Practice: The Case of Hyper-Engaging Dark Patterns

Abstract

AbstractThis 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.

Country
Portugal
Related Organizations
Keywords

nudge, Addictive design, dark pattern, hyper-engaging dark patterns, Safety Research, Law, unfair commercial practices

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    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
15
Top 10%
Top 10%
Top 10%
Green
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