Strasbourg: The Digital Fairness Act would let regulators fine companies up to 6% of their annual global turnover for manipulative online design, according to a leaked draft reported by Reuters on 9 November 2026. The text gives the clearest picture yet of how the European Commission wants to modernise EU consumer law for apps, games and subscription services.
Commissioner Michael McGrath, who handles democracy, justice, the rule of law and consumer protection, was scheduled to present the proposal to the College on 11 November. Whatever the final wording, the draft Digital Fairness Act must still pass through the European Parliament and the Council before it can bind any trader.
The leaked Digital Fairness Act takes the form of a directly applicable regulation. Law firm Hogan Lovells, which reviewed the draft, says it would repeal and replace the Unfair Commercial Practices Directive of 2005. That shift matters because a regulation removes the room member states now have to interpret the rules differently.
Dark patterns sit at the centre of the Digital Fairness Act. The draft bans them as unfair commercial practices and adds a blacklist of specific interface tricks that push people into choices they did not intend. Traders would also have to let users switch off features that encourage compulsive use, a direct response to complaints about endless scrolling and autoplay.
Subscriptions receive detailed treatment. The draft sets rules for the conversion of free trials into paid contracts, requires notice before renewals, and obliges traders to offer an online cancellation tool and access to a human contact. Consumer groups have pushed for these protections for years, arguing that signing up takes one click while leaving often takes several calls.
Influencer marketing falls under new disclosure rules, and the obligations reach the brands and agencies that commission paid content. The draft also bans personalised advertising aimed at children or vulnerable consumers. It prohibits profiling-based personalised pricing that could harm the same groups, and it requires sellers using dynamic pricing to show how many items remain at the advertised price.
Video games face their own chapter. The Digital Fairness Act draft demands transparency on the real value of virtual currencies, disclosure of loot box probabilities and limits on pay-to-win mechanics for minors. Bloomberg reported that the text also targets AI systems that simulate personal relationships to keep users engaged.
The consultation behind the proposal drew more than 4,300 responses, over 90% of them from citizens, according to the IAPP. Lawmakers still have to settle which Parliament committee leads the file, and the proposal will run in parallel with the separate Kids Act on minors online.
Not everyone thinks the draft goes far enough. Peter Norwood of Finance Watch told Reuters that the dark-pattern provisions “lack ambition to sufficiently protect consumers in financial services”. Industry groups, for their part, are expected to resist the 6% penalty ceiling during the legislative talks.
The coming months will show whether capitals accept a single rulebook in place of national discretion. If the Digital Fairness Act survives negotiations in something close to its leaked form, platforms across the EU will need to redesign sign-up flows, game shops and recommendation feeds well before the rules apply.
