European Commission proposes new rules to tackle unfair digital practices

The European Commission has published its draft Digital Fairness Act (DFA), proposing new consumer protection rules for digital markets. Published on 11 November 2026, the proposed Regulation targets commercial practices that can influence consumer decisions through digital interfaces, data-driven business models and personalised services.

The Commission argues that existing consumer protection rules do not adequately address these practices, particularly where they exploit the vulnerabilities of children and other consumers. The proposal aims to establish a more consistent regulatory framework across the EU.

Under Article 10, traders would be prohibited from designing or organising online interfaces in ways likely to materially distort consumers’ economic behaviour. The proposal also identifies specific dark patterns that would be prohibited in all circumstances.

The draft introduces requirements for influencer marketing and personalised commercial practices. Article 11 would require clear disclosure of commercial communications and prohibit practices that exploit minors’ trust. Articles 12 and 13 would restrict profiling-based advertising directed at minors and personalised pricing where it is reasonably likely to harm minors or vulnerable consumers.

Several provisions address spending-maximising features in digital products, particularly online games. Article 14 would require traders offering paid virtual currencies to disclose their monetary value. Where products are directed at minors, or traders know with reasonable certainty that minors use them, virtual currencies would have to be disabled by default and activated only with parental or guardian approval.

Article 15 would require disclosure of available products and the probabilities of obtaining them through paid variable-reward systems. Consumers would also need accessible tools to disable these systems, while their use would be prohibited for minors. Article 16 would prohibit pay-to-win and pay-to-progress mechanisms for minors.

The proposal also addresses addictive design. Under Article 17, traders would have to provide accessible and effective tools allowing consumers to disable addictive features individually or collectively. These include autoplay and endless feeds without effective breaks, notifications unrelated to users’ direct activity, and features that encourage frequent engagement through penalties or the loss of benefits. The Commission could update the list of covered features through delegated acts as technology and market practices evolve.

Alongside the new requirements, the Commission proposes replacing the existing Unfair Commercial Practices Directive with a directly applicable Regulation. This would establish a common set of rules across the EU instead of relying on 27 national transposition regimes.

The Commission has also published an impact assessment estimating that the proposed measures could reduce financial consumer detriment by EUR 88.4 billion between 2025 and 2035. The proposal must now go through the EU legislative process and be adopted by the European Parliament and the Council before it can become law.

Why does it matter?

The Digital Fairness Act could introduce new requirements for how digital businesses design interfaces, personalise advertising, promote products and monetise user engagement. Its provisions on addictive features, virtual currencies and variable rewards are particularly relevant to social media and online gaming services. If adopted, the Regulation would establish a common EU framework for addressing these practices.