Authored by Christoph Busch, Research Fellow and University of Osnabrück
Addictive design has become one of the hot topics in EU digital regulation. Features such as infinite scroll, autoplay and push notifications are increasingly under scrutiny. Recent enforcement actions under the Digital Services Act (DSA), the proposed EU KIDS Act and the forthcoming Digital Fairness Act (DFA) all seek to address the risks associated with excessive or compulsive use of digital services.
Protecting users, particularly minors, from harmful design practices is an important objective. But the growing number of regulatory initiatives also raises a fundamental question: How can we ensure that the different pieces of the EU Digital Rulebook fit together?
This question was at the centre of a recent CERRE Regulatory Lab on Addictive Design, which brought together policymakers, industry representatives and other stakeholders. Building on these discussions, the new CERRE issue paper, Addictive Design and the EU Digital Rulebook, explores possible regulatory approaches and identifies several priorities.
Three points deserve particular attention:
First, not every feature designed to increase engagement is necessarily harmful. What matters is whether a feature materially contributes to users losing effective control over their behaviour. Effective regulation therefore requires a risk-based approach that considers the design feature, the context in which it is used and the characteristics of users.
Second, a future EU framework should clearly allocate responsibilities between operating systems, app stores and individual services, while remaining consistent with the Digital Markets Act (DMA).
Third, and perhaps most importantly, the KIDS Act, the DFA and the existing DSA framework should form a coherent set of rules, rather than creating overlapping obligations and legal uncertainty. New legislation should focus on clearly identified regulatory gaps.
These questions, along with broader issues in consumer protection will be discussed at the forthcoming CERRE Forum on Protecting Users Online in 2027, which will take a holistic look at the EU consumer protection rulebook. The aim is to explore how Europe can deliver effective user protection through a simpler, more coherent regulatory framework.
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