Addictive Design and the EU Digital Rulebook

Infinite scroll, autoplay, notifications and streaks have moved to the centre of the European regulatory debate. They feature in DSA enforcement actions, in discussions on the forthcoming Digital Fairness Act (DFA) and in the proposed EU KIDS Act.

This new CERRE issue paper by Professor Christoph Busch, argues that “addictive design” remains legally amorphous and scientifically contested. The same feature may be beneficial or harmful depending on the service, the user and the context. Rules that are too narrow leave vulnerable users exposed. Rules that are too broad may suppress beneficial features without a clear legal standard.

Rather than a binary notion of “addiction”, the paper proposes a behavioural continuum, from chosen engagement to compulsive use. High usage alone does not prove harm. What matters is whether a feature materially contributes to users losing effective control. Risk depends on the feature, the context, the user group and the business model. A streak in a language-learning app is not the same as one in a social-media feed.

An uneven legal landscape

The DSA, consumer law, the AI Act and the AVMSD already provide substantial but uneven coverage, with possible gaps for services outside the DSA and for non-economic harms. The paper also questions whether general product standards should be developed through individual DSA enforcement while legislation on the same issue is being prepared.

The paper points towards a risk-based approach built on four priorities: