Autoplay, endless scrolling, influencer promotions and online subscriptions that are hard to cancel are among the practices the European Commission is preparing to address in new legislation to strengthen consumer protection online. Details of the planned Digital Fairness Act (DFA) are set out in an information note published on Monday by the European Parliament's Research Service (EPRS).
According to the EPRS, the Commission has estimated the annual harm to consumers from problematic digital commercial practices at €7.9 billion, describing the figure as a conservative estimate.
When the proposal is expected
The DFA proposal is expected in the fourth quarter of 2026. Based on available information, it is scheduled for mid-November and will be accompanied by an impact assessment.
Its aim is to address practices such as so-called "dark patterns", addictive digital service design, misleading promotion of products by influencers and certain forms of personalisation.
Why new rules are being considered
The initiative follows the fitness check of EU consumer protection legislation. The review concluded that the existing framework remains necessary, but is only partly effective in the modern digital environment.
The problems identified include difficulties enforcing the rules, risks of legislative fragmentation, and new commercial practices that are not always adequately covered.
Dark patterns
"Dark patterns" are design practices in digital interfaces that can lead consumers to make decisions they would not otherwise have made.
Existing EU law may already cover some of these practices as misleading or aggressive, but this often requires a case-by-case assessment, which becomes more difficult in complex and personalised digital interfaces.
Addictive design
Particular attention is given to addictive digital service design, including autoplay, endless scrolling, notifications and rewards for continued use. The EPRS notes that the existing framework does not cover all providers and all digital services.
Loot boxes and in-game purchases
The legislation under consideration also examines virtual currencies and in-app and in-game purchases, including so-called "loot boxes". These have raised concerns because of their similarity to gambling mechanisms and their potential impact on minors.
Influencer marketing
The information note refers to problems with the clear disclosure of commercial content by influencers, as well as with the division of responsibilities among influencers, brands, advertising agencies and online platforms.
Personalised pricing
Another issue concerns dynamic and personalised pricing. These practices are not generally prohibited under EU law, although certain transparency requirements and restrictions apply. Questions also remain about how general consumer protection rules should be applied in specific cases.
Problems with online contracts
Problems have also been recorded with digital contracts. In the public consultation carried out as part of the fitness check, 69% of respondents reported difficulties cancelling an online contract, while 62% said an online subscription had been renewed without a prior reminder.
Protecting minors online
The protection of minors is also a key part of the discussion. An expert group on child safety online has proposed, among other measures, restricting access by children under 13 to social media and other digital services, as well as effective age-verification mechanisms.
Source: CNA
