Status as at 13 November 2026: the Digital Fairness Act is a European Commission legislative proposal — COM(2026) 1100 final, not a Regulation currently in force.
A practical legal analysis for online stores, SaaS companies, digital academies, marketing agencies and any business selling to consumers online.
Author: Ivanova Legal Solutions | Category: Consumer protection, e-commerce and digital business
Every user of digital services has encountered a familiar scenario: you sign up for a “free seven-day trial”, enter your card details, and a week later find that a paid subscription has renewed automatically. You try to cancel, but the cancellation button is hidden behind a maze of submenus, questionnaires and discouraging messages.
Such manipulative practices, known as dark patterns, together with artificially created urgency and unclear price increases in virtual queues, are the subject of the European Union’s proposed consumer-law reform.
On 11 November 2026, the European Commission presented its Consumer Package for the digital age. At its centre is the proposed Digital Fairness Act — COM(2026) 1100 final. The proposed Regulation would repeal Directive 2005/29/EC on unfair commercial practices and introduce directly applicable obligations for businesses offering goods, services or digital content to consumers.
“The new European legislative proposal aims to limit architectural manipulation in websites and mobile apps. For online stores, SaaS businesses, digital academies and marketing agencies, this means reviewing consumer interfaces, purchase processes and subscription models.”
1. What is the Digital Fairness Act (DFA)?
While the Digital Services Act (DSA) and Digital Markets Act (DMA) focus primarily on online intermediaries and certain large platforms, the proposed Digital Fairness Act covers traders that offer goods, services or digital content to consumers (B2C) in the EU.
It is proposed as a Regulation under Article 114 of the Treaty on the Functioning of the European Union. If finally adopted, it would be directly applicable without national transposition.
2. Manipulative interfaces (dark patterns): which practices are proposed to be prohibited?
Article 10 and Annex I to the draft introduce a broad prohibition on traders designing, organising or operating online interfaces in a way that deceives, manipulates or materially distorts consumers’ economic behaviour.
The practices expressly identified include:
- False scarcity and urgency: untrue claims that stock is severely limited, or countdown timers that simply restart.
- Pre-ticked boxes: automatically adding extra paid services to a customer’s basket without an express act by the customer.
- Manipulative language and confirm-shaming: wording an opt-out button in a humiliating or pressuring manner.
- Asymmetrical visual design: a large, bright acceptance button paired with an almost invisible or concealed refusal button.
- Click fatigue: requiring a consumer to pass through multiple unnecessary screens, warnings and questionnaires to exercise a basic right to withdraw.
3. Subscription traps: the proposed regime for free trials and renewals
One of the most significant proposed changes concerns subscription models, widely used by streaming services, training providers, mobile applications and fitness programmes.
From a free trial to a paid subscription (Article 20)
The proposal would require a trader to send, within a reasonable period before the end of the free period, a clear reminder on a durable medium — such as email or SMS — stating the exact end date, full price and conditions of the paid contract. The paid contract would continue only with the consumer’s express confirmation. In the absence of active consent or a proper reminder, the consumer would not be bound and would not owe payments.
Automatic renewal of long-term subscriptions (Articles 21–22)
For contracts lasting six months or more, traders would have to send a durable-medium reminder between 14 and 30 days before automatic renewal. If the contract turns into an open-ended contract, the consumer would have the right to terminate it at any time with one month’s notice and without fees or penalties.
Online cancellation functionality (Article 23)
Every trader that permits contracts to be concluded through an online interface would need to offer a cancellation and termination function that is as easy to use as the contract-formation process. The function should be clearly visible, accessible in one click and followed by electronic confirmation.
4. Dynamic pricing, virtual queues and hidden price increases
The proposal pays particular attention to algorithmic pricing, especially for the sale of tickets to concerts, sporting events and travel:
- Full price from the start: the proposal would prohibit drip pricing — displaying a low base price and adding mandatory charges only at the final payment step.
- Transparency of dynamic prices (Article 18): where prices change algorithmically in response to demand, the trader would need to disclose the number of tickets available at the initially stated price and the maximum possible price.
- Virtual queues (Article 19): while a consumer waits in a digital queue, the screen should show the current price and clearly indicate whether it may increase before purchase.
5. Influencer marketing: responsibility for creators, brands and agencies
Article 11 of the proposal treats influencer marketing as a distinct commercial practice and provides for:
- Clear labelling: every commercial communication should include a visible label, such as “advertisement” or “commercial collaboration”, adapted to the language and format.
- Responsibility across the chain: brands and advertising agencies should ensure through contractual and factual measures that content creators comply with the rules.
- Protection of minors: direct or indirect advertising to minors of gambling, sports betting, high-risk financial products and prohibited goods would be prohibited.
6. Personalised pricing and protection of vulnerable groups
Articles 12 and 13 propose restrictions on targeted advertising and price personalisation where special categories of GDPR personal data are used, or where the trader knows that a consumer is a minor or vulnerable due to age, health or serious personal circumstances. The proposal does not affect legitimate general discounts, for example student or pensioner discounts.
7. Proposed sanctions and enhanced enforcement
A parallel revision of the Consumer Protection Cooperation Regulation would give the European Commission direct powers to investigate large-scale cross-border infringements. Proposed fines may reach 6% of the infringer’s annual worldwide turnover, or at least EUR 2,000,000 where turnover information is unavailable.
8. Current law and the new proposal
| Commercial practice | Current framework | Proposal under the DFA |
|---|---|---|
| False availability claims and timers | May constitute a misleading unfair practice under consumer law. | Express inclusion among prohibited dark patterns. |
| Online subscription cancellation | Withdrawal information is required; excessive non-contractual obstacles are not permitted. | Clear and easily accessible cancellation functionality. |
| Free trials | Clear pre-contractual information about the price after the trial is required. | Reminder and express active consent before moving to payment. |
| Dynamic pricing | General rules prohibit concealment of the final price. | Real-time updates and disclosure of a maximum possible price. |
| Influencer marketing | Undisclosed paid content is prohibited. | Standardised labels and express responsibility for brands and agencies. |
9. Practical preparation steps
Although the DFA must still go through the legislative procedure in the European Parliament and Council, digital businesses can begin preparing now:
- Audit consumer interfaces: check for misleading timers, hidden checkboxes for extras and manipulative buttons.
- Review subscription funnels: introduce automated email reminders before a free trial ends and provide easy access to termination in the customer account.
- Update influencer agreements: include clear obligations to identify advertising and a process for reviewing posts in advance.
- Ensure full price transparency: show the final price, including all unavoidable fees and delivery charges, on the first product page.
Need a legal audit?
Ivanova Legal Solutions advises on e-commerce regulation, digital marketing and consumer protection. We assist with reviews of online sales, subscription models, terms of use, consumer communications and influencer agreements.
This material is for general information and does not constitute individual legal advice. The DFA is a legislative proposal, not a Regulation currently in force. Official sources: the European Commission’s Digital Fairness Act page and COM(2026) 1100 final.