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.

Loot boxes have recently become a game mechanism of concern to policy-makers and regulators. The similarity between loot boxes and gambling is clear, and loot boxes and their regulation are commonly viewed through the lens of gambling. By contrast, very little attention has been given to tackling them as unfair, and in particular aggressive, commercial practices under consumer law. This article argues that by classifying the provision of loot boxes as a potentially aggressive commercial practice we will see that consumer law may protect gamers from some of the significant harms with which such products are associated.