The European Commission’s proposed Digital Fairness Act would put deceptive checkout flows, scarcity messages, difficult cancellations and other manipulative interface design under more explicit consumer-protection rules.
The European Commission presented the Digital Fairness Act on Nov. 11, 2026, as part of a consumer package that also includes a Simplification Directive and a proposed revision of the Consumer Protection Cooperation Regulation.
What the proposal would ban
Article 10 would prohibit online interfaces likely to deceive or manipulate shoppers or materially distort their choices. A separate list in Annex I would identify dark patterns that count as unfair in all circumstances.
The proposal identifies examples such as false scarcity or popularity claims, preselected paid extras and fake notifications designed to draw consumers’ attention.
Why the EU is focusing on design
The Commission’s public consultation notice said the Digital Fairness Act is intended to address deceptive or manipulative interface design, misleading influencer marketing, addictive design, unfair personalisation and practices that exploit consumer vulnerabilities. It also said minors are a specific focus.
That focus follows evidence the Commission has been building for several years. A 2022 behavioural study listed by the EU Publications Office found that, in a mystery-shopping exercise, 97% of the most popular websites and apps used by EU consumers deployed at least one dark pattern. The most common categories were hidden information or false hierarchy, preselection, nagging, difficult cancellations and forced registration.
The study also said these practices are used by traders of all sizes, not only large platforms. That detail helps explain why the proposed law is framed as a consumer-rule update rather than only another Big Tech rule.
Subscription and pricing flows are in the spotlight
The proposal would require a prominent online termination option where traders offer online contracts and the consumer has a right to terminate. It would also require reminders before specified automatic renewals and a consumer’s express agreement before a free trial becomes a paid contract.
When event ticket prices can rise, sellers would have to disclose how many tickets in the category are available at the advertised price and the maximum price buyers could pay. Virtual queues would have to show the current price and any applicable maximum.
For online retailers, that points to a larger compliance question: whether the final law focuses only on outright lies, such as fake stock warnings, or also on design choices that pressure consumers while staying technically accurate.
Advertising, influencers and minors
The proposal would ban ads based on profiling when traders know with reasonable certainty that a user is a minor, or when the profiling uses sensitive personal data. A separate provision would restrict harmful personalised pricing for minors or vulnerable consumers. Influencer promotions would need a clear disclosure such as “advertisement” or “commercial collaboration.”
The proposal would require clearer prices for purchases made with virtual currencies. It would also restrict paid random rewards and pay-to-win or pay-to-progress features for minors. That would extend consumer rules to app and game purchases alongside retail checkout practices.
Penalties and enforcement could decide its impact
The proposed revision of the Consumer Protection Cooperation Regulation would let the Commission investigate and impose fines in very large cases with a major impact across the EU. The proposed ceiling is 6% of a trader’s worldwide annual turnover.
The enforcement package matters because consumer protection in the EU has often depended on national authorities coordinating cross-border cases. In February 2026, the Council recognised regulatory gaps, enforcement issues and legal uncertainty around dark patterns, addictive design, influencer practices, unfair personalisation and non-transparent pricing. The Commission presented the enforcement proposal alongside the Digital Fairness Act.
What changes now
Nothing changes immediately for businesses or consumers until a final law is adopted and applicable dates are set. The published proposal now goes to the European Parliament and Council for consideration. Parliament and Council can amend the text, narrow it, expand it or change the timing.
For Canadian and U.S. businesses selling to EU consumers, the proposal is worth watching even before the law is final. EU digital rules often affect product decisions beyond Europe because maintaining separate interface designs by region can be costly. If the Digital Fairness Act survives negotiations in its current form, companies may have to audit not only what their sites say, but how their buttons, reminders, defaults and interruptions steer consumer choices.
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