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Consumers Await Digital Fairness Act Aimed At Dark Patterns Online

Malmö: The Digital Fairness Act is due to reach the College of Commissioners on 11 November 2026, according to an IAPP Europe analysis published on 22 October. Commissioner Michael McGrath is expected to present the proposal, which targets dark patterns, influencer marketing, addictive design and personalisation that exploits vulnerable users. The date is indicative, so the Commission can still move it.

McGrath has called the Digital Fairness Act the missing piece of the puzzle in the EU’s digital rulebook, a remark that IAPP relays without a date or venue. His latest statements add unfair ticketing for live events to the list of topics. President Ursula von der Leyen confirmed the plan in her State of the Union speech in September 2026, which gave the file political weight.

The case rests on evidence of everyday harm. A Commission fitness check estimated consumer losses of 7.9 billion euros a year and called that figure conservative, according to a briefing from the European Parliamentary Research Service dated 5 October. In the 2025 Consumer Conditions Scoreboard, 71 percent of respondents worried about data collected without consent, 67 percent about excessive online advertising and 63 percent about personalised ads they cannot avoid. Together, those figures give the Digital Fairness Act a measurable problem to solve, not just a political slogan.

The public consultation drew more than 4,300 responses in 2025, and over 90 percent came from citizens. Among respondents, 69 percent reported difficulty cancelling an online contract and 62 percent said a subscription had renewed without a reminder. Those findings explain why subscription traps feature in nearly every discussion of the Digital Fairness Act.

Enforcement already shows where the pressure lies. On 30 September the Consumer Protection Cooperation network launched coordinated action against nine video game companies over in-game virtual currencies, covering games such as Candy Crush Saga, Minecraft and Clash of Clans. Video Games Europe and the European Game Developers Federation reply that there is substantial disagreement on how to classify those currencies. The Commission is also due to revise the CPC Regulation in the fourth quarter of 2026. Law firm Lewis Silkin expects the CPC principles to feed into the Digital Fairness Act.

Several design choices remain open. The legal form is undecided, and the expected legal basis is Article 114 of the Treaty on the Functioning of the European Union. Analysts flag overlap with the AI Act, the Digital Services Act and the Consumer Rights Directive as a consistency risk. In Parliament, the internal market committee IMCO is the likely lead, although the civil liberties committee may claim shared competence.

Watch the College agenda on 11 November. If the Digital Fairness Act arrives as scheduled, it will start negotiations alongside the recent EU Kids Act proposal, and no dates exist yet for either track. If the date slips, shoppers will wait longer for firm rules against dark patterns and subscription traps in 2026 and beyond.