Marie Colin, writing for French EU policy publication Contexte, has published a leaked draft of the European Commission’s Digital Fairness Act (DFA), offering an early look at the legislation ahead of its anticipated presentation on 11 November 2026.
The 71-page document outlines the proposed Regulation that would repeal and replace the Unfair Commercial Practices Directive (UCPD), retaining its core provisions while introducing new rules on digital fairness.
Key provisions in the draft
Among the measures outlined:
Dark patterns and addictive design: A general prohibition on manipulative online interface design, alongside requirements allowing consumers to disable certain features that encourage excessive use.
Protection of minors: Restrictions on personalised advertising, a prohibition on paid loot boxes and pay-to-win mechanisms for minors, and parental approval requirements for paid virtual currencies.
Influencer marketing: Stricter advertising disclosure requirements and greater responsibility for brands and other businesses using influencers.
Subscriptions and pricing: Explicit agreement before free trials convert into paid subscriptions, easier online cancellation, renewal reminders and greater transparency in ticket pricing.
Enforcement: Provisions linked to a proposed reform of the Consumer Protection Cooperation framework, including potential Commission fines of up to 6% of worldwide annual turnover in cases it investigates.
The draft also includes restrictions on personalised pricing that exploits consumer vulnerabilities and measures intended to simplify aspects of existing consumer legislation.
Contact
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