European Commission consults on the Digital Fairness Act

The question

What can we expect from the “Digital Fairness Act”, and how is the European Commission balancing the interests of consumers and businesses?

The key takeaway

By implementing a Digital Fairness Act, the European Commission aims to complement and plug the gaps in existing EU digital and consumer law, by providing greater protections for digital consumers, whilst streamlining the complex regulatory landscape. The Commission launched a public consultation and a call for evidence to encourage stakeholders to participate in shaping the legislative proposal.

The background

In May 2022, the EU’s executive arm responded to concerns raised in the 2020–2025 New Consumer Agenda about gaps in EU consumer law for digital markets, by commissioning a thorough review of existing legislation in the form of the “Digital Fairness Fitness Check”.

The review, published in October 2024, found that while core EU consumer protection laws such as the Unfair Commercial Practices Directive, the Consumer Rights Directive, and the Unfair Contract Terms Directive remain fundamental, they do not sufficiently address online-specific risks and manipulative digital practices. The review identified significant shortcomings, including the widespread use of “dark patterns” (online choice architecture and design tactics that mislead or pressure users), unclear rules around influencer marketing, addictive features in digital services, and personalised pricing based on user profiling. It estimated that these regulatory shortcomings result in at least €7.9 billion in annual financial harm to EU consumers, not including non-financial losses such as time and wellbeing. The review also highlighted that principle-based legislation creates uncertainty for businesses and authorities, leading to inconsistent enforcement and regulatory fragmentation across Member States, undermining the EU’s Single Market and fair competition.

The development

Following the report from the review, the Commission initiated a public consultation inviting citizens, public authorities, and stakeholders to share their views over a 12-week period, from July to October 2025, with feedback directly informing the impact assessment and shaping the forthcoming legislative proposal for the Digital Fairness Act (DFA).

At its core, the DFA intends to protect vulnerable groups, particularly minors, and to simplify the regulatory landscape. The new legislation should compliment key EU digital laws, working alongside the GDPR, the Digital Services Act, the Digital Markets Act and the EU AI Act, as well as existing consumer law, to ensure a cohesive and robust regulatory framework for digital markets.

By gathering stakeholder input, the Commission seeks to ensure the new rules are practical, future-proof, and effective in closing identified gaps, improving legal certainty, facilitating enforcement, and preventing market fragmentation.

A summary of the consultation responses will be published within eight weeks of the end of the consultation, and the legislative proposal is expected by mid-2026.

Why is this important?

The DFA is expected to deliver benefits for EU consumers, businesses, and society at large. For consumers, especially vulnerable groups, the DFA promises stronger protection against manipulative online practices, greater control over their digital experiences, and improved access to redress, thereby fostering trust and well-being in the digital marketplace.

Businesses stand to gain from clearer, harmonised rules and reduced administrative burdens, which should lower compliance costs, facilitate cross-border trade, and create a more predictable legal environment.

Economically, by curbing unfair market practices and reducing fragmentation, the DFA aims to boost competitiveness, encourage responsible business conduct, and support the EU’s green transition and Sustainable Development Goals.

Any practical tips?

While the regulatory landscape has historically struggled to keep pace with technological developments, the tide has turned, and businesses need to keep abreast of new rules and regulations impacting the digital world. Remember that change to business practices takes time and there’s a lot to plan for.

Practical steps to consider include:

• audit your digital design and user interfaces: the core aim here is to identify and address and “dark patterns”, however they arise (eg in online interfaces, cookie banners, consent flows, and subscription processes). Look out for confusing or manipulative designs (eg pre-ticked boxes, hidden unsubscribe buttons, countdown clocks or subliminal/emotional nudges)
• document the steps you’re taking: you may need to call on these in the event of a regulatory investigation to show how your business has been fully engaging in the new world of digital “fairness”
• run consumer testing programmes: these will help ensure that consumers are not confused, or feeling manipulated, in any way, especially minors and vulnerable users
• review your influencer or brand ambassador programmes: for example, as to adequate advertising disclosures and to ensure claims are not misleading and can be substantiated
• take care with personalised pricing: check for transparency and fairness on pricing and promotional offers which adapt to consumer data
• ensure you are doing all you reasonably can to protect children and vulnerable consumers: this includes age verification systems where appropriate
• become champions of internal awareness and governance: this includes staff training on ensuring fairness to consumers and explaining the regulatory risks of any dark patterns, plus reviewing and updating internal policies, including relating to third party procurement
• remember trust is a key component of brand value: avoiding embarrassment on the regulatory stage is critical for any brand. You need to be complying already with existing EU and UK regulation (eg the UK’s new DMCCA), but be ready for the even hotter regulatory search light when DFA lands.

Autumn 2025