Digital Fairness Act (DFA)

The European Commission presented its Digital Fairness Act proposal on 11 November 2026, as part of a broader consumer protection package. However, the DFA has not yet been adopted as EU law. The proposal must first be examined and negotiated by the European Parliament and the Council of the EU. Its proposed requirements are therefore not yet applicable legal obligations.

The European Commission has proposed the Digital Fairness Act as a Regulation. Unlike a Directive, a Regulation is directly applicable in all EU Member States without requiring national transposition. The proposal would repeal and replace the existing Unfair Commercial Practices Directive (UCPD), while retaining its core provisions against misleading and aggressive commercial practices.

The DFA proposal addresses manipulative interface design (dark patterns), addictive features, unfair personalised advertising and pricing, influencer marketing, paid loot boxes and virtual currencies, subscription traps, difficult cancellation procedures, misleading pricing practices and automated consumer contracts. It introduces specific protections for minors and vulnerable consumers, alongside broader rules on fair business-to-consumer commercial practices.

The DFA would have broad business-to-consumer (B2C) coverage, extending across sectors rather than applying exclusively to large technology companies. Relevant businesses could include online platforms, marketplaces, e-commerce retailers, travel and ticketing services, mobile apps, video games, streaming and subscription services, and companies using influencer advertising. The precise obligations would depend on the commercial practices involved and their interaction with existing sector-specific EU legislation.

Yes. The proposed DFA would apply to traders targeting consumers in the EU, including businesses established outside the Union. This follows the approach of the existing Unfair Commercial Practices Directive, which already covers commercial practices directed at EU consumers regardless of where the trader is established. Cross-border enforcement would be supported by EU consumer protection cooperation mechanisms.

Dark patterns are deceptive or manipulative design practices on websites and apps that interfere with consumers' ability to make free and informed decisions. The DFA would introduce a general prohibition on manipulative online interfaces, alongside a list of specific practices considered unfair in all circumstances. Certain dark patterns are already regulated under existing EU consumer law and Article 25 of the Digital Services Act (DSA).

The DFA does not propose a blanket ban on infinite scrolling or autoplay for all users. Instead, it would require relevant traders to provide accessible tools allowing consumers to disable features that encourage compulsive or excessive use. These include automatic content playback, uninterrupted content consumption, certain notifications, engagement incentives and automated systems that simulate personal relationships. Separate restrictions for minors are addressed by the proposed EU KIDS Act.

The DFA would introduce additional consumer protections for minors under 18. Proposed measures include restrictions on profiling-based advertising, harmful personalised pricing, paid loot boxes and pay-to-win mechanisms. Paid virtual currencies would also be disabled by default for minors, with parental approval required for activation. Several obligations depend on whether a product targets minors or a trader is aware with reasonable certainty that minors use it.

The proposed DFA would prohibit paid loot boxes and other paid variable-reward systems for minors, alongside pay-to-win and pay-to-progress mechanisms, subject to specific provisions governing their interaction with the EU KIDS Act. For adult consumers, paid random-reward systems would remain permitted but would be subject to transparency requirements, including disclosure of reward probabilities and tools to disable them. The proposal also requires greater transparency about the real-money value of in-game purchases using paid virtual currencies.

The DFA would prohibit advertising targeted through profiling when a trader is aware with reasonable certainty that the consumer is a minor. It would also restrict advertising based on special categories of personal data where it is reasonably likely to cause harm. Personalised pricing based on profiling would be prohibited where it is reasonably likely to harm minors or vulnerable consumers. These measures would not amount to a general ban on all personalised advertising or pricing.

The DFA would strengthen transparency requirements for influencer marketing by requiring commercial communications to be clearly and prominently identified, using terms such as "advertisement" or "commercial collaboration". It also proposes restrictions on misleading promotions involving minors and influencer marketing of certain prohibited or dangerous products. Brands, advertisers and other businesses using influencer marketing services would share responsibility for ensuring compliance.

The DFA would introduce stronger consumer protections for digital subscriptions. Free trials could convert into paid contracts only after consumers receive an advance reminder and expressly agree to continue on a paid basis. Certain automatically renewing contracts would also require advance reminders. For contracts automatically extended for an indefinite duration, consumers would have the right to terminate after renewal with no more than one month's notice.

Yes. The DFA proposal would require businesses offering online contracts to provide an easily accessible termination function, labelled "terminate the contract here" or an equivalent expression. Consumers would be able to submit a termination request online and receive confirmation. The provision would make it easier to exercise existing contractual termination rights, rather than creating an unconditional right to cancel every contract at any time.

The DFA would introduce new pricing transparency requirements rather than prohibit dynamic pricing generally. For event tickets subject to price increases, traders would have to disclose how many tickets are available at the advertised price and the maximum price that could be charged. Businesses using virtual queues would also have to display current prices, real-time changes and potential maximum prices. The proposal also addresses misleading pricing techniques, including drip pricing.

The DFA would introduce a right to request communication with a human being where a trader provides online customer service after a contract has been concluded. This would allow consumers to request human assistance instead of relying exclusively on automated chatbots or other automated support systems. The draft excludes investment services from this particular requirement.

The DFA would introduce rules for automated systems, including AI shopping agents, that conclude contracts on behalf of consumers. Users would have to be able to control whether purchases require their confirmation, set conditions such as maximum prices and modify these preferences. Providers would also face disclosure requirements concerning payments and conflicts of interest. Traders would be prohibited from requiring consumers to use automated systems to access or conclude transactions through their online interfaces.

The Digital Services Act (DSA) already regulates online intermediary services, including restrictions on manipulative interfaces under Article 25 and obligations concerning the protection of minors. The DFA would complement the DSA by regulating unfair business-to-consumer commercial practices more broadly, including practices outside the DSA's scope. The proposal is designed to avoid duplicating obligations already established under the DSA.

The Digital Fairness Act and EU KIDS Act are separate legislative proposals. The DFA focuses on fair commercial practices and consumer protection across the economy, including safeguards for children. The EU KIDS Act, proposed by the Commission on 17 September 2026, specifically addresses the safety and age-appropriateness of online services used by minors, including social media, online games and AI companions. The proposals contain provisions intended to avoid overlapping obligations.

The AI Act establishes rules governing artificial intelligence systems, while the General Data Protection Regulation (GDPR) governs the processing of personal data. The DFA would address unfair commercial practices affecting consumers, regardless of whether AI is used. Its proposed rules on profiling-based advertising, personalised pricing and automated consumer contracts would complement existing requirements under the AI Act, GDPR and other EU legislation.

The DFA would be enforced through national consumer protection authorities and, in certain cases, directly by the European Commission under a proposed reform of the Consumer Protection Cooperation (CPC) framework. The draft provides for potential Commission fines of up to 6% of a trader's worldwide annual turnover in cases investigated under the revised framework. For relevant cross-border infringements, national penalty regimes would have to provide for maximum fines of at least 4% of annual turnover in the Member States concerned.

The Digital Fairness Act has not yet entered into force, and no definitive application date has been established. Under the Commission's draft, the Regulation would enter into force 20 days after publication in the Official Journal of the European Union and begin applying 12 months later. The European Parliament and Council must first agree on and formally adopt the legislation. The proposed application period could change during negotiations.