The European Commission is yet again working on a new legislative initiative called the Digital Fairness Act (DFA). This act will introduce EU-wide rules to protect consumers from manipulative and unfair practices in the digital environment. It targets issues such as dark patterns, addictive design, exploitative personalisation and misleading influencer marketing.
The DFA would complement existing EU legislation, including the GDPR, Digital Services Act (DSA), Digital Markets Act (DMA) and the AI Act. While these instruments address digital risks more broadly, the DFA focuses specifically on business-to-consumer practices and aims to close regulatory gaps in online consumer protection.
The initiative is currently at the "call for evidence" stage. The Commission is gathering stakeholder feedback to inform its impact assessment. A formal public consultation will follow in 2025. The draft legislation is expected in Q3 2026. At this stage, the final content remains open and subject to change.
What the Act is likely to cover
While the scope of the proposal is still under development, the Commission has indicated that the DFA may address the following practices:
- Dark patterns: Restrictions on dark patterns and other unfair techniques that pressure, deceive and manipulate consumers online.
- Addictive design: Regulation of design features that lead to excessive screen time or spending, especially among minors.
- Influencer marketing: Rules requiring transparency in paid promotions and clearer accountability for the brands involved.
- Personalisation: Restrictions on personalisation practices that exploit consumer vulnerabilities, including in pricing or recommendations.
- Pricing practices: Addressing misleading pricing, including drip pricing and inflated discount claims.
- Digital contracts: Measures to improve cancellation processes, auto-renewals and the use of chatbots in customer service.
Do we need another Act?
The EU has been particularly active in the digital regulatory space over the past decade, introducing landmark frameworks such as the GDPR, DSA, DMA, and the AI Act. While these initiatives aim to foster trust and fairness online, many organisations are now grappling with what can only be described as digital regulation fatigue.
In fact, inspired by developments across the Atlantic, the EU is currently exploring ways to streamline some of its own recent legislation. Calls for deregulation — or at least regulatory consolidation — are gaining traction among both industry and legal commentators.
Against this backdrop, the proposal for a DFAhas prompted a wave of scepticism. Stakeholders are not only questioning the need for yet another legislative instrument, but also raising concerns about its substantial overlap with existing EU laws. For instance, dark patterns are already addressed under the Unfair Commercial Practices Directive (UCPD), the DSA, and even the GDPR and AI Act. Similarly, the DSA and GDPR contain provisions specifically designed to protect minors online, which the DFA seeks to reinforce.
Rather than layering new rules on top of an already complex framework, many argue that the EU should focus on enhancing enforcement and clarifying the interplay between existing instruments. Without such efforts, the DFA risks contributing to further fragmentation, undermining the very coherence it seeks to promote.
Uncertainties
As explained in the previous section, at this stage, it is far from certain whether the DFA will actually see the light.
However, there are a few other elements that remain uncertain:
- The legal form of the act (regulation or directive) has not been confirmed.
- The Commission is also still considering how the DFA would interact with existing frameworks, such as the UCPD or AI Act.
- The scope of application, particularly for smaller businesses or non-EU traders, may evolve following stakeholder input.
What businesses could do now
Businesses active in the digital space may wish to begin reviewing key areas of their consumer-facing practices to assess the extent to which they may be impacted by these possible new compliance requirements:
- Review interfaces: Assess websites and apps for manipulative design patterns or unclear choices.
- Audit profiling: Examine how consumer data is used for targeting or personalisation, especially for vulnerable groups.
- Review marketing practices: Ensure influencer partnerships and price presentation practices meet transparency standards.
- Engage in stakeholder consultations to ensure that their voice or that of their sector is heard during the legislative process.
We will continue monitoring the development of the DFA and share further insights as the process moves forward.
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