European Commission Proposes Digital Fairness Act
The European Commission has initiated a public consultation on its proposed Digital Fairness Act, a legislative effort aimed at enhancing consumer protection in the digital economy. Announced in July 2025, this initiative builds upon the Commission’s previous Digital Fitness Check, which examined the effectiveness of three core EU consumer protection directives.
Background: Digital Fitness Check Findings
In 2024, the Commission conducted a comprehensive review of the following directives: the Unfair Commercial Practices Directive, the Consumer Rights Directive, and the Unfair Contract Terms Directive. The review identified several pressing concerns emerging from the increasingly digital consumer landscape.
Key issues include the widespread use of dark patterns—deceptive design strategies in online interfaces that manipulate users into making unintended decisions, such as fake urgency or misleading buttons. It also highlighted addictive designs that keep users engaged, often encouraging excessive spending, particularly in video games.
Other concerns involve personalised targeting practices that exploit user vulnerabilities, such as financial distress or mental health challenges. The report also noted the complexity of managing digital subscriptions, including hard-to-cancel services and automatic renewals, and the rise of problematic influencer marketing practices that lack transparency.
A Comprehensive Legislative Response
The proposed Digital Fairness Act, expected to be introduced in 2026, aims to address these concerns by closing regulatory gaps and enhancing accountability. While some issues have been partially managed under new laws like the Digital Services Act, the Commission believes a dedicated act is necessary to ensure a consistent and fair digital marketplace.
The new legislation is designed to support both consumers and businesses. For consumers, it promises greater digital safety, transparency, and autonomy. For businesses, particularly those operating across EU borders, it aims to streamline compliance and reduce legal complexity.
Focus on Youth and Vulnerable Users
A major emphasis of the Digital Fairness Act is the protection of minors. Young users are often early adopters of new technologies and are particularly susceptible to manipulative digital interfaces. The Commission is considering specific measures to safeguard children and teenagers from harmful online experiences.
These measures include:
- Prohibiting dark patterns and manipulative design techniques that pressure or deceive users;
- Restricting addictive design features that encourage excessive screen time or impulsive spending;
- Regulating in-game purchases and gambling-like features in video games, especially those frequented by minors;
- Controlling personalised advertising that targets vulnerable consumers based on their emotional or financial state;
- Introducing rules for influencer marketing, ensuring transparency in paid promotions and clarifying the responsibilities of brands working with influencers.
Addressing Unfair Pricing and Contracts
The Act will also tackle unfair pricing tactics such as:
- “Drip pricing,” where additional costs are hidden until the final checkout stage;
- Use of misleading “starting from” prices in dynamic pricing models;
- False percentage discounts that misrepresent the value of a promotion.
Moreover, it seeks to simplify digital contracts. The legislation will require companies to make subscription processes more transparent, including easy cancellation options, clear auto-renewal terms, and honest marketing of free trials that convert into paid services. It will also regulate the use of chatbots in customer service, ensuring users have access to real human support when needed.
Streamlining Consumer Protection Laws
The European Commission views the Digital Fairness Act as an opportunity to streamline and simplify existing consumer protection rules. With the digital economy evolving rapidly, the Commission intends to create a more coherent legal framework that adapts to new technologies and user behaviors.
The consultation period is open until 9 October 2025. After gathering public feedback, the Commission will publish a summary report within eight weeks. The insights from this consultation will directly inform the final content of the legislation.
Implications for Businesses
While the intent behind the Act is to protect consumers, it may pose challenges for businesses, especially those already navigating recent regulatory changes across the EU and the UK—such as the Digital Markets, Competition and Consumers Act. Companies may be wary of additional compliance costs and operational adjustments, yet the Commission argues that harmonizing and clarifying the rules will ultimately benefit all market participants.
As the digital consumer landscape continues to shift, the Digital Fairness Act seeks to ensure that innovation does not come at the cost of ethical consumer treatment.
This article is inspired by content from Original Source. It has been rephrased for originality. Images are credited to the original source.