The European Commission is consulting on its proposed Digital Fairness Act. Last year, we reported on its Digital Fitness check, which covered three core consumer protection Directives: the Unfair Commercial Practices Directive, the Consumer Rights Directive, and the Unfair Contract Terms Directive. It found that the key challenges were:
- dark patterns in online interfaces that can unfairly influence consumers' decisions, for example, by putting unnecessary pressure on consumers through false urgency claims;
- addictive design of digital services that pushes consumers to keep using the service or spending more money, such as, gambling-like features in video games;
- personalised targeting that takes advantage of consumers' vulnerabilities, such as showing targeted advertising that exploits personal problems, financial challenges or negative mental states;
- difficulties with managing digital subscriptions, for example, when companies make it excessively hard to unsubscribe; and
- problematic commercial practices by social media influencers.
Although some of these issues are addressed by other legislation such as the Digital Services Act, the European Commission suggested that it would introduce a Digital Fairness Act in 2026. It aims to strengthen protection and digital fairness for consumers, while ensuring a level playing field and simplifying rules for businesses in the EU. It will address the challenges set out above.
The Commission also points out that young people are an important consumer segment with specific consumption patterns and often act as early adopters of new technologies and digital products. The Digital Fairness Act will pay particular attention to the protection of minors online.
In particular, it is considering:
- preventing traders from using dark patterns and other unfair techniques that pressure, deceive and manipulate consumers online;
- giving consumers greater control of their online experience by addressing addictive design features that lead consumers, particularly minors, to spend excessive time and money on online goods and services;
- addressing features of digital products such as in video games, in particular their impact on children;
- addressing personalisation practices, including situations where consumer vulnerabilities are targeted for the purposes of personalised advertising and pricing;
- preventing harmful practices by influencers (e.g. the lack of disclosure of commercial communications, the promotion of harmful products to their followers and clarifying the responsibilities of the companies that collaborate with them);
- addressing unfair practices related to the price (e.g. "drip" pricing, "starting from" prices if the trader applies dynamic pricing, percentage/value discounts that mislead the consumer as to the nature of the promotion); and
- addressing problems with digital contracts (e.g. difficult cancellations of subscriptions, auto-renewals or free trials converted into paid subscriptions, use of chatbots for customer service).
The Commission also says a Digital Fairness Act will provide an opportunity for streamlining and simplification.
The consultation ends on 9 October 2025. The Commission will publish a summary report of the consultation within eight weeks and the results will inform the proposed legislation.
The consumer regulatory landscape has been upended in recent years, with new legislation across the EU, as well as the Digital Markets, Competition and Consumers Act in the UK. It is unlikely that businesses will welcome yet more legislation.
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