The Digital Fairness Act is the Commission’s next big consumer law, and it is expected on the table this month. MLex reported on 23 September 2026 that the proposal is tentatively eyed for November, with 18 November among the dates under consideration. The Commission work programme for 2026 lists the initiative for the fourth quarter.
The aim is to curb manipulative online practices. According to the European Parliament’s legislative tracker, the file covers dark patterns, marketing by social media influencers, the addictive design of digital products and unfair personalisation that exploits consumer vulnerabilities. It also covers the difficulty of cancelling and renewing digital subscriptions, and unfair contract terms.
Those themes fill gaps in current law. The Unfair Commercial Practices Directive dates from 2005 and was not written for infinite scroll, autoplay or interfaces that make cancelling harder than signing up. The Digital Services Act already restricts dark patterns on online platforms, yet many shops, apps and subscription services fall outside it. A horizontal law such as the Digital Fairness Act could reach them.
Enforcement may matter as much as the rules. MLex says the Commission could gain stronger powers to enforce consumer law in major cross-border cases. Today national authorities act one by one, which lets a large company face different answers in different capitals. A central tool would change that balance, although the paywalled text does not describe how far those powers would go.
Parliament has pushed for years. Its December 2023 resolution called for legislation against addictive design, and the Council adopted conclusions on influencers in May 2024. Both institutions therefore arrive with views already on paper, which should help the Commission draft a text that survives negotiation. Those earlier positions also give both sides a map of where agreement is likely and where it is not.
The public consultation closed on 24 October 2025, and respondents disagreed on whether EU-level rules are needed. Consumer protection organisations asked for tighter rules. Online platforms, with TikTok named in the tracker, argued that very little further intervention is needed. That split previews the lobbying fight that will follow the Digital Fairness Act proposal.
The tracker also lists a business-friendly strand, which streamlines certain information duties in contracts. That element suggests the Digital Fairness Act will pair new restrictions with a promise of less paperwork, in line with the Commission’s wider simplification agenda. Companies will want to see whether the cuts in paperwork match the new design duties.
Several points remain unconfirmed. I found no source newer than the September MLex report, so the exact adoption date, the lead Commissioner and the consultation response figures are unverified. The tracker also mentions unfair personalisation without naming personalised pricing, so readers should not assume that practice is covered.
Three markers will show what the Digital Fairness Act delivers. The first is a confirmed adoption date, the second is whether the text bans specific dark patterns or only sets general principles, and the third is the strength of the new enforcement powers. If the Digital Fairness Act addresses all three, consumers could see easier cancellation and less manipulative design within a few years.
