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LATEST
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Digital Fairness Act Nears Launch As Brussels Weighs Dark Pattern Ban

Brussels: The Digital Fairness Act is the next big consumer law the European Commission plans to table, and it should reach Parliament and the Council before the end of 2026. Justice and Consumer Protection Commissioner Michael McGrath told a conference in Dublin that the proposal “will arrive this year”. A Parliament research briefing says current information points to mid-November, although it does not source that date.

The Digital Fairness Act targets practices that existing consumer law handles badly online. The Commission is looking at dark patterns, addictive design, subscription traps, influencer marketing and unfair personalisation. The Commission consultation page shows that the call for evidence and public consultation ran between July and October 2025.

The case for action rests on a fitness check that the Commission published on 3 October 2024. It estimated consumer harm from problematic digital commercial practices at EUR 7.9 billion a year, and the Parliament briefing calls that figure conservative. In the public consultation, 69% of respondents had difficulty cancelling an online contract and 62% saw a subscription renew without a reminder.

Parliament has pushed hard. The European Parliamentary Research Service briefing lists resolutions from December 2023 through September 2026 that call for rules on addictive design, loot boxes, in-app currencies and influencers. A September 2026 resolution asked for an EU code of conduct for influencers, and a July 2026 text asked the Commission to consider banning dynamic pricing at live sports and cultural events.

Member states want a lighter touch. Fourteen ministers signed a D9+ declaration in June 2026 that called for an evidence-based and targeted approach without duplicating existing rules. Council conclusions on the 2030 consumer agenda, dated 26 February 2026, welcomed the initiative but asked for synergy with the current framework and attention to the protection of minors.

Industry and consumer groups sit far apart. A March 2026 joint statement from business urged the Commission to pause and reset the Digital Fairness Act and to enforce current law first. BEUC and other consumer groups want binding rules that switch off addictive design by default and ban dark patterns.

McGrath has framed the Digital Fairness Act as good for business, arguing that one clear rulebook costs less than 27 national interpretations. He has also said the text will avoid overlap with the Digital Services Act and other digital laws. The Commission has not confirmed whether a rule that cancelling must be as easy as signing up will appear in the final text.

The proposal will open negotiations that run well into 2027. Companies that sell subscriptions, run apps with autoplay or infinite scroll, or work with influencers should map their interface designs now, because the Digital Fairness Act will test every one of them.