Brussels: The Digital Fairness Act is the next big test for online consumer protection in the EU, and the Commission still plans to table it before the end of 2026. The 2026 work programme lists the proposal for the fourth quarter, and law firm Lewis Silkin reported on 15 October that the draft is expected in November.
The initiative aims to close gaps that existing consumer law leaves open. According to Parliament’s legislative train, it targets dark patterns, which are deceptive interface designs that push people toward choices against their interest. It also covers difficult cancellations and renewals of digital subscriptions, unfair contract terms, influencer marketing, addictive design and unfair personalisation that exploits vulnerabilities.
Political demand has built for years. Parliament called for action on addictive design in a December 2023 resolution, and Council conclusions in 2024 asked for responsible influencer behaviour, with attention to the impact on minors. The Commission’s public consultation closed on 24 October 2025, and the Digital Fairness Act has been in preparation since.
Stakeholders disagree sharply. Consumer organisations want tighter rules, while platforms such as TikTok argue that little further EU regulation is needed. The Commission also promises business simplification, including a review of some consumer information requirements, so the Digital Fairness Act is meant to cut paperwork as well as add duties.
Video games show where enforcement is heading. The Consumer Protection Cooperation Network launched coordinated action against nine game companies this month, building on its key principles on in-game virtual currencies. Those principles call for clear prices, no forced currency purchases, a 14-day withdrawal right that includes unused virtual currency, fair terms and safeguards for children.
Industry disputes part of that reading. Video Games Europe and the European Game Developers Federation disagree with the network on how in-game currencies are classified, arguing that they are not digital representations of value. Lewis Silkin expects the network’s principles to appear in some form in the Digital Fairness Act.
Companies should prepare now. Subscription design, loot boxes accessible to children, countdown timers and personalised pricing are the practices most likely to face scrutiny. Firms selling across borders will want to map their sign-up and cancellation flows against the topics listed above.
The proposal will then go to Parliament and the Council, where the lobbying fight is likely to be intense. For consumers, the question is whether the Digital Fairness Act will turn principles into binding rules, and for businesses it is whether the promised simplification arrives alongside the new duties.





