The European Commission has proposed a major update to EU consumer protection rules, aimed at the design and commercial practices of online shops, apps, games, subscription services and social platforms. The Digital Fairness Act was presented on 11 November 2026, but it is not yet law. ([commission.europa.eu](https://commission.europa.eu/news-and-media/news/making-your-online-experience-fairer-2026-11-11_en?utm_source=openai))
The proposal targets fake urgency, misleading prices, difficult subscription cancellations, undisclosed influencer advertising and digital features designed to encourage excessive spending. It would also introduce stronger safeguards for children. Businesses serving EU consumers should begin reviewing their customer journeys, although the final requirements may change during negotiations.
The proposal does not create immediate new obligations
As of 12 November 2026, the Digital Fairness Act remains a Commission proposal. It must be considered by the European Parliament and the Council of the EU, and its wording may change substantially before adoption.
Companies therefore do not have a new compliance deadline simply because the proposal has been published. Existing EU and national consumer laws continue to apply, including rules against misleading commercial practices. The new proposal is intended to clarify and strengthen protection for problems commonly encountered in digital markets. ([commission.europa.eu](https://commission.europa.eu/law/law-topic/consumer-protection-law/digital-fairness-act_en?utm_source=openai))
It forms part of a wider consumer package that also includes proposed changes to cross-border enforcement and measures intended to simplify parts of EU consumer law for compliant businesses. ([commission.europa.eu](https://commission.europa.eu/law/law-topic/consumer-protection-law/digital-fairness-act_en?utm_source=openai))
Fake urgency and manipulative interfaces are key targets
The proposal would expressly address dark patterns: interface and marketing techniques that push people towards decisions they might not otherwise make.
A prominent example is a false scarcity message such as “only two left” when the seller has no reliable basis for that claim. Other potentially problematic practices include countdowns that restart when a page is refreshed, misleading claims about demand and interface designs that make the preferred commercial option much easier to select than its alternatives.
Genuine time-limited offers and accurate stock notices are not the main target. The distinction is whether the information is truthful and whether the interface unfairly manipulates the consumer. ([commission.europa.eu](https://commission.europa.eu/news-and-media/news/making-your-online-experience-fairer-2026-11-11_en?utm_source=openai))
The Commission also wants consumers to have greater control over attention-maximising features. Its proposal includes an option to turn off features that encourage excessive or compulsive engagement and spending, such as persistent prompts. Examples discussed by the Commission include infinite scrolling, autoplay and engagement streaks. ([commission.europa.eu](https://commission.europa.eu/news-and-media/news/making-your-online-experience-fairer-2026-11-11_en?utm_source=openai))
Prices would have to be clearer
Misleading price presentation and hidden charges are another focus. Consumers should be able to understand what they will pay without discovering unavoidable costs only after progressing through several stages of an order.
The proposal also addresses dynamic pricing and virtual queues, particularly in areas such as ticket sales. According to the Commission, a business operating a virtual queue would have to show the current price in real time and the highest possible price the consumer might face when reaching the end of the queue. ([commission.europa.eu](https://commission.europa.eu/news-and-media/news/making-your-online-experience-fairer-2026-11-11_en?utm_source=openai))
This does not necessarily amount to a general ban on prices changing according to demand. The emphasis is on making the pricing method and potential cost sufficiently transparent.
Subscription traps would face tighter controls
Signing up for a digital service is often much easier than leaving it. The Digital Fairness Act would address difficult cancellation processes, unwanted automatic renewals and free trials that unexpectedly become paid subscriptions. ([commission.europa.eu](https://commission.europa.eu/law/law-topic/consumer-protection-law/digital-fairness-act_en?utm_source=openai))
The Commission says consumers would receive a reminder before a free trial converts into a paid plan. Automatic renewal should become a conscious choice rather than an obligation that continues because the customer forgot about it. Online contracts and subscriptions would also have to be easier to cancel. ([commission.europa.eu](https://commission.europa.eu/news-and-media/news/making-your-online-experience-fairer-2026-11-11_en?utm_source=openai))
For businesses, this means cancellation should not be deliberately hidden behind repeated confirmation screens, an obscure account menu or an unnecessarily different channel from the one used to subscribe.
Influencer advertising would need clear disclosure
The proposal would require transparent disclosure of commercial influencer content. A viewer should be able to recognise advertising without having to inspect a long list of hashtags or infer that a brand relationship exists. ([commission.europa.eu](https://commission.europa.eu/news-and-media/news/making-your-online-experience-fairer-2026-11-11_en?utm_source=openai))
This matters to more than individual creators. Brands and agencies should review how disclosure requirements are written into campaign briefs, contracts and approval processes. Relying entirely on an influencer to decide whether and how to label a commercial post creates avoidable compliance risk.
Creators should use prominent language that their audience can immediately understand and apply it to every relevant piece of content, including short-form videos, livestreams and temporary posts.
Children would receive additional protection
Minors are a central focus of the proposal. The Commission wants to restrict unfair personalised advertising and pricing directed at children, as well as commercial practices that exploit the trust younger audiences place in influencers. ([commission.europa.eu](https://commission.europa.eu/news-and-media/news/making-your-online-experience-fairer-2026-11-11_en?utm_source=openai))
The proposal also addresses monetisation in games and other digital products. The Commission has highlighted gambling-like paid loot boxes and mechanisms that pressure children to pay to progress or gain an advantage. Certain attention-maximising features would also face stronger controls when used by minors. ([audiovisual.ec.europa.eu](https://audiovisual.ec.europa.eu/en/media/video/I-297603?utm_source=openai))
Businesses should not assume that labelling a service “for adults” will resolve these issues if children commonly use it. Audience evidence, product design, advertising practices and age-related safeguards will all be relevant to risk assessments.
Customer service may also need a human route
Another notable part of the initiative concerns access to assistance. The Commission has identified the inability to reach a human customer-service representative as a recurring problem and says consumers should not be left with only a chatbot when meaningful help is required. ([commission.europa.eu](https://commission.europa.eu/law/law-topic/consumer-protection-law/digital-fairness-act_en?utm_source=openai))
The eventual legislation will determine when human assistance must be available. In the meantime, businesses can review whether automated support provides a visible and functional escalation route for billing disputes, cancellations and other issues that cannot reasonably be resolved by a standard response.
How businesses and creators can prepare
The final law is not settled, but organisations dealing with EU consumers can use the proposal as a practical audit framework:
- Check whether mandatory charges are visible early enough in the purchasing process.
- Remove scarcity claims, popularity notices and countdowns that cannot be substantiated.
- Compare the number of steps required to subscribe and cancel.
- Review reminders for trial conversions and subscription renewals.
- Make dynamic pricing and virtual-queue information understandable.
- Give customers a clear route from automated support to appropriate human assistance.
- Standardise advertising disclosures in influencer contracts and campaign instructions.
- Assess whether personalisation, game monetisation or engagement features create particular risks for minors.
- Preserve evidence supporting stock, demand and promotional claims.
These steps may also reduce risk under rules that already prohibit misleading or aggressive commercial behaviour; they should not be treated as a substitute for reviewing the eventual legislation.
What consumers can do now
Consumers do not need to wait for the Digital Fairness Act before questioning a misleading online offer. Before completing a purchase, check the final amount, remove unwanted optional extras and keep screenshots of price claims, countdowns or availability notices that appear suspicious.
For subscriptions, record the end date of a free trial and retain confirmation of cancellation. If a trader refuses to resolve a problem, consumers can contact their national consumer-protection authority or another appropriate dispute-resolution body.
The Digital Fairness Act could eventually make these protections more specific and easier to enforce. For now, however, it remains a proposal—and its final scope, timetable and detailed obligations will depend on negotiations between EU lawmakers.
Sources
- Making your online experience fairer — European Commission — https://commission.europa.eu/news-and-media/news/making-your-online-experience-fairer-2026-11-11_en
- Digital Fairness Act — European Commission — https://commission.europa.eu/law/law-topic/consumer-protection-law/digital-fairness-act_en
- European Commission press conference on the Digital Fairness Act — https://audiovisual.ec.europa.eu/en/media/video/I-297603
- https://commission.europa.eu/law/law-topic/consumer-protection-law/review-eu-consumer-law_en
- Digital Fairness Act overview — European Commission Audiovisual Service — https://audiovisual.ec.europa.eu/en/stories/M-010072
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- https://audiovisual.ec.europa.eu/en/media/video/I-297204
- https://cyprus.representation.ec.europa.eu/news/commission-strengthens-consumer-protection-laws-making-them-fit-digital-age-2026-11-11_en?prefLang=sk
- https://citizens.ec.europa.eu/participation/en/processes/youth-policy-dialogues/f/100/proposals/41870/versions/1?locale=en&toggle_translations=true
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=intcom%3AAres%282025%296295090
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- https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD%3A2025%3A0368%3AFIN%3AEN%3APDF
- Making your online experience fairer — https://commission.europa.eu/news-and-media/news/making-your-online-experience-fairer-2026-11-11_en?utm_source=openai
- Digital Fairness Act — https://commission.europa.eu/law/law-topic/consumer-protection-law/digital-fairness-act_en?utm_source=openai
Marcel Macko
I’m most interested in technology, the internet, bizarre news, and stories that make you stop and think, “There’s no way this can actually be true.” I follow what’s happening both at home and around the world and pick the topics I think are worth paying attention to. On Pitchoviny, I try to present them simply, factually, and without unnecessarily sensational headlines.
