Digital Fairness Act: What The Public Consultation Tells The Video Game Industry

The European Commission is preparing its proposal for the Digital Fairness Act (“DFA”), a legislative initiative intended to strengthen consumer protection in digital environments. The draft is expected by the end of 2026, but we already have some clear signals for the video game industry from recent public consultation, which took place in 2025.

Regulatory Background: Why the DFA Matters

The DFA isn't coming out of nowhere. It's built on the back of the Commission's Digital Fairness Fitness Check from October 2024, which looked at whether the current EU rules-like the Unfair Commercial Practices Directive, Consumer Rights Directive, and Unfair Contract Terms Directive-still work in today's digital world. The answer? Mostly yes, but not quite.

The old tools don't really tackle the risks that come with new business models, personalisation based on data, and projects aimed at maintaining user interest. In that sense, the 2025 consultation doesn't just exist on its own – it builds on and sharpens these earlier findings.

Where Things Stand Now

Right now, the DFA is in the impact assessment and policy design phase. 
The public consultation conducted between July and October 2025 generated over 3,300 responses. In parallel, the Commission also received more than 4,300 submissions under a separate Call for Evidence, which, while not analysed in detail in the consultation report, forms part of the broader evidence base supporting the DFA initiative.

Key Takeaways for the Games Industry

1. Game design and engagement mechanics
   Most people agree it's time to regulate dark patterns and addictive design. For the game industry, this is particularly relevant in light of mechanics designed to maximise engagement or spending. The consultation doesn't call for outright bans, but it's clear there's a push for tougher scrutiny on things like default settings, opt-ins, and how games are designed for kids.Infinite scrolling, autoplay, reward loops, and loot boxes are highlighted as mechanisms designed to maximise time and/or expenses.
2. Monetisation, transparency and in-game purchases
   When it comes to features like in-game spending, about 70% of respondents want new, binding rules. The biggest focus is on transparency: showing in-game prices in real-world money, giving clear info on probabilities and odds, and making sure players, especially kids, have more control over what they buy. Regulators are moving towards looking at the real substance of monetisation models, not just how they're presented.
3. Protecting Minors
   Across the board, protecting minors stands out as a top concern. People want to see age-based design options, tighter rules on advertising, and better controls for parents and users. For game publishers, this means age-sensitive design isn't just a nice-to-have anymore – it's fast becoming a must for compliance.
   

Industry Perspectives and Regulatory Balance

There is a clear divide between the voices of industry and everyone else. Large companies and industry groups are calling for caution, arguing that existing regulations such as the DSA, DMA and GDPR already set high standards. On the other hand, consumer groups and public authorities are calling for more stringent, binding regulations. This exchange of views will drive the upcoming debates and likely cause the DFA to focus on specific high-risk practices rather than a complete overhaul of the legal environment. 

Looking Ahead

The Fitness Check and this latest consultation both make one thing clear: the Digital Fairness Act won't be a soft touch. For video game companies, the DFA is part of a bigger move to regulate the business and behavioural side of digital products – not their creative heart. Studios and publishers that take a hard look now at their design, monetisation, and compliance strategies through this new regulatory lens will be in a much stronger position when the Commission's proposal drops and negotiations start.

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