EU – Consultation on the Digital Fairness Act

European consumers may be among the most protected in the world due to the region’s consumer laws, but the EU executive believes that new regulation may be needed to address specific harmful practices confronting users online. In this context, the Commission recently opened a ‘call for evidence’ on proposals for The Digital Fairness Act (DFA) which is designed to strengthen protection and digital fairness for consumers, while ensuring a level playing field and simplifying rules for businesses in the EU.  It will address specific challenges as well as harmful practices that consumers face online, such as deceptive or manipulative interface design, misleading marketing by social media influencers, addictive design of digital products and unfair personalisation practices, especially where consumer vulnerabilities are exploited for commercial purposes. The DFA will also pay particular attention to the protection of minors online

Stakeholders have been invited to provide feedback in the main areas summarised below.

1. Dark patterns

Dark patterns refer to deceptive design techniques in digital interfaces that manipulate consumers into making decisions they might not otherwise make. Examples include presenting choices in a leading manner, using countdown timers to create urgency, and asking misleading questions. The survey seeks views on whether new EU actions are necessary to address these practices, including non-regulatory measures, enhanced enforcement, or binding rules.

2. Addictive design

According to the Commission, addictive design features make users spend more time and money online than intended, such as infinite scrolling, autoplay features and penalties for disengagement. The consultation examines the need for new EU actions to mitigate these designs, potentially including more control for consumers, default settings that disable addictive features (especially for minors), and prohibitions on specific features.

3. Specific features in digital products

Concerns are highlighted about certain digital product features such as pay-to-progress mechanisms, virtual currencies and “loot boxes” (i.e. virtual items in video games that players can purchase to receive an in-game item). The survey explores whether new EU actions are needed to improve consumer protection, such as transparency in pricing, control over specific features and restrictions for minors.

4. Unfair personalisation practices

The survey notes that personalised offers and content can be useful, but there are concerns about the misuse of personal data to exploit consumer vulnerabilities. Questions ask whether new EU actions are necessary to regulate personalised advertising and pricing, especially when targeting minors or using sensitive data.

5. Social media influencers

With the growing influence of social media on consumer transactions, the consultation addresses unfair practices by influencers, such as hidden marketing and the promotion of harmful products. It seeks feedback on the need for clearer disclosure of advertisements, measures to ensure legal compliance, in addition to potential restrictions on specific claims to protect minors.

6. Unfair marketing related to pricing

There is a series of questions focusing on pricing practices like "drip pricing” (i.e. the practice of initially presenting a low price but incrementally increasing the final cost),dynamic pricing (i.e., businesses adjusting prices in real-time based on factors such as demand), and misleading price comparisons that can deceive consumers. The survey explores the necessity for new EU actions to regulate these practices, including prohibitions on non-transparent pricing and restrictions on the advertising of unrealistic starting prices.

7. Issues with digital contracts

The survey notes that consumers face challenges with digital contracts, including subscription cancellations, free trials converting to paid subscriptions and limited customer service options. It seeks opinions on whether new EU actions are required to improve transparency, control and consumer protections in digital contracts.

8. Simplification measures

The DFA consultation also considers potential simplification measures to reduce compliance costs for businesses while maintaining consumer protection. Suggestions include amending the right of withdrawal from digital media subscriptions and reducing information requirements for repetitive transactions.

9. Horizontal issues

This section addresses broader concerns about consumer protection in the digital environment, including the interaction of cross-cutting EU consumer protection legislation with other existing laws. It seeks suggestions for improving consumer protection and enforcement, particularly for minors.

Next steps

The Commission’s DFA consultation is open until 9 October 2025. Responses will feed into an Impact Assessment that forms part of the preparation of a DFA proposal. A legislative proposal is planned for the third quarter of 2026.

If you would like support in responding to this consultation, you are invited to reach out to your Bird & Bird contact.

For more information, please contact Francine Cunningham.