AEPD exposes Addictive Data Practices in Digital Services
The Spanish Data Protection Agency (AEPD) has released a report revealing how user data processing on various platforms, apps, and services includes addictive patterns designed to increase user engagement. This report was presented during the course “New Challenges for the Protection of Individuals’ Rights in the Face of the Internet Impact,” part of the 2024 Summer Activities at the Menéndez Pelayo International University (UIMP) in Santander.
The report highlights that many providers use deceptive and addictive design patterns to extend user time on their services or increase engagement, thus collecting more personal data. These manipulative strategies have a significant negative impact, particularly on vulnerable groups such as children and adolescents, affecting their autonomy and development.
The European Data Protection Board (EDPB) addressed deceptive patterns in its Guidelines 03/2022, focusing on recognizing and avoiding these in social media interfaces. The AEPD’s report reviews scientific evidence on addictive patterns across various platforms, including social media, video and music services, adult content platforms, games, learning environments, and health apps.
The Digital Services Act (DSA) prohibits online platforms from designing interfaces that deceive or manipulate users, ensuring free and informed decision-making. AEPD Director Mar España announced plans to push for the inclusion of addictive patterns in EDPB guidelines, given their substantial impact on data protection rights in digital environments.
The report categorizes addictive patterns into three levels: high, medium, and low. High-level patterns include forced actions, social engineering, interface interference, and persistence. Medium-level patterns exploit psychological vulnerabilities, while low-level patterns are context-specific implementations.
Addictive patterns in data processing pose significant data protection challenges, impacting proactive responsibility, transparency, legality, fairness, purpose limitation, data minimization, and the handling of special data categories. These patterns risk the rights and freedoms of all users, particularly the physical and psychological integrity of children and adolescents.
European Commission Sanctions
The European Commission has initiated sanctioning procedures against TikTok and Meta for potential DSA violations related to addictive patterns. TikTok has suspended its Lite version following the Commission’s intention to impose provisional measures against features that reward additional screen time. In Spain, the AEPD will continue to collaborate with the National Commission of Markets and Competition (CNMC), designated as the national Digital Services Coordinator.
