The EU’s Digital Fairness Act: consumer protection fit for the digital age

Why the EU Is Proposing the Digital Fairness Act:

In today’s digital world, not every click is a choice. Sneaky design tricks, known as dark patterns, often guide users toward actions they didn’t intend. From hidden tracking consent to pressured purchases, these manipulative practices have become widespread, raising serious concerns about fairness, transparency, and consumer autonomy online.

In October 2024, the European Commission published the Digital Fairness Fitness Check, a review of key consumer laws including the Unfair Commercial Practices Directive (UCPD), the Consumer Rights Directive (CRD), and the Unfair Contract Terms Directive (UCTD).

The review found that existing frameworks only partially address emerging digital harms such as addictive design, social media commerce and personalised pricing based on profiling. Additional risks included misleading influencer marketing and in-game currency systems that exploit behavioralbiases.

A supporting  survey for the Digital Fairness Fitness Check found 76% of users felt pressured to buy, and 41% made unplanned purchases.

While Article 25 of the DSA tackles manipulative design, it covers only large platforms. To address these regulatory gaps, the Commission launched a public consultation and call for evidence on July 17, 2025, initiating the development of a new legislative proposal, the Digital Fairness Act.

What Is the Digital Fairness Act?

The Digital Fairness Act is a forthcoming EU law designed to modernize consumer protection for the digital age. It targets a growing set of commercial practices that distort consumer choice or exploit vulnerabilities, areas that current EU law does not clearly or effectively regulate.

The initiative was first outlined in a mission letter from Commission President Ursula von der Leyen to Justice Commissioner Michael McGrath in September 2024. Since then,it has gained traction as a top priority in the EU’s consumer protection agenda. Speaking at the European Retail Innovation Summit, McGrath described the Act as “both a pro-consumer and pro-business initiative,” highlighting its goal of legal clarity while reducing compliance burdens, particularly for SMEs.

The Act is currently in development and the Commission is expected to publish the legislative proposal by mid-2026. According to Maria-Myrto Kanellopoulou, head of the Commission’s consumer law unit, the Act will be shaped through careful and inclusive consultations with stakeholders across sectors.

What Harmful Practices Will Be Banned Under the DFA:

At the core of the Digital Fairness Act is a commitment to address harmful commercial practices that current EU legislation does not fully regulate. Based on findings from the Digital Fairness Fitness Check, the Act will target several key tactics that interfere with consumer autonomy or exploit behavioral weaknesses.

These include:

• Deceptive or manipulative interface designs (dark patterns)
• Misleading marketing by social media influencers
• Addictive design features in digital products
• Unfair personalization and profiling practices
• In-game currencies and monetization systems that obscure real-world costs

Together, these practices contribute to a digital environment where consumers are regularly manipulated, or misled, often without realizing it. The Act seeks to define and restrict such tactics more clearly, ensuring that digital spaces operate with greater transparency and fairness.

Protecting Young Users from Manipulative Design:

One of the Act’s core priorities is protecting minors, who are among the most active yet most vulnerable users of digital services. It introduces tailored safeguards to shield young users from autoplay, reward loops, and nudges that drive prolonged engagement or impulsive purchases.

According to the Digital Fairness Fitness Check (2024), 48% of users aged 18 to 35 reported frequent prompts to upgrade or buy, with younger users especially impacted in gaming and mobile apps.

By placing vulnerable groups at the heart of its design standards, the Act moves toward a digital environment where fairness is not optional, it’s required.

What the Digital Fairness Act Means for Businesses Operating in the EU:

While the Digital Fairness Act is designed to protect consumers, it also offers businesses greater legal certainty in how they design and communicate online. For SMEs, the Act supports more consistent and streamlined compliance, aligning with the EU’s wider effort to simplify regulatory obligations under its Better Regulation strategy.

At the same time, enforcement will be a clear priority. The Commission has committed to using available tools, including legal action if necessary, to ensure the new rules are respected. Businesses will be expected to review their design, personalization, and marketing practices to ensure they meet the updated standards once the legislation is adopted.

What Next for the Digital Fairness Act:

The European Commission’s 12-week public consultation, launched on July 17, 2025, invites feedback from citizens, companies, and civil society on how to improve digital consumer protection.

A full legislative proposal is expected by mid-2026. According to Maria-Myrto Kanellopoulou, head of the Commission’s consumer law unit, the Act will be shaped through inclusive and evidence-based consultations with stakeholders. This timeline gives businesses a window to evaluate their design practices, especially around personalization, nudging, and consent, and prepare for what’s coming.

The message is clear: fairness and transparency are no longer optional in digital design, they’re becoming enforceable standards.Notably, 62% of stakeholders, including NGOs, industry groups, and consumer advocates, supported stronger dark pattern rules, according to the Commission’s Digital Fairness Fitness Check.

How FairPatterns Helps You Stay Ahead of Regulation:

Just FYI, Fairpatterns was created even before there was any project of Digital Fairness Act - we’re truly happy to see that our vision of digital fairness is fully aligned with regulatory trends!

As to what we do, we don’t just help you comply, we help you design for trust.

At FairPatterns, we help companies detect privacy dark patterns and redesign manipulative UX before it becomes a legal risk. Our AI-powered solution turns complex, unclear flows into transparent, trust-first experiences.

Our tool helps you:

• Detect harmful patterns across any taxonomy
• Replace them with tested, compliant designs in plain language
• Prevent future risks by supporting legal-safe design at the mockup stage

From detection to redesign, we help brands build clarity, trust, and compliance, without sacrificing performance.

🔗Future-proof your design for fairness. Connect with us

💫 Regain your freedom online.