Denmark, Portugal and Spain urge an ambitious Digital Fairness Act

Denmark, Portugal and Spain have asked the European Commission for a strong Digital Fairness Act (DFA), according to a letter seen by Rapporteur on 5 November 2026. It matters because the Commission is expected to present its proposal on 11 November, and Member State positions will shape the negotiations that follow.

What the three countries ask for

According to the reporting, the three states want the DFA, the planned reform to strengthen online consumer protection, to be “ambitious and effective” and to protect consumer autonomy. The letter warns that businesses’ growing ability to influence behaviour creates “new asymmetries”.

They specifically ask for action on influencer marketing and addictive design. UNN, citing the same letter, adds that they also want rules on features meant to maximise time spent or encourage compulsive spending, coverage of personalised recommendations and engagement mechanisms, “fairness by design”, and more user control.

Background

The letter says the DFA should build on existing EU digital rules to close gaps. Spain had already backed the initiative in June in a separate paper. Separately, a group of academics, including scholars from Denmark, Portugal and Spain, issued a joint call in March 2026 for the DFA to protect people of all ages, including minors, seniors and persons with disabilities.

The Commission’s text will be a proposal only: it must pass through the European Parliament and the Council before becoming law, and application would come later.

Our view at CEA Digital Law

The Euro-American Committee of Digital Law - CEA Digital Law welcomes a debate that focuses on design, not only on consumer information. Dark patterns, personalisation and addictive features are rarely fixed by a more visible notice. A fairness-by-design duty will need clear technical criteria to be verifiable.

We suggest three questions for the debate. First, coherence with the Digital Services Act and data protection law, to avoid overlaps. Second, coordinated enforcement: national authorities differ in resources, as the European Parliamentary Research Service notes. Third, the external dimension: in Latin America, the Caribbean and Africa, where digital consumer reforms are under discussion, the European model can be a reference, adapted to local realities. We will need to read the 11 November text before assessing it.

Sources

• Rapporteur: Denmark, Portugal and Spain call for ambitious digital fairness rules
• UNN: Three EU countries called for stronger online consumer protection
• BEUC: Joint call for an ambitious Digital Fairness Act
• EPRS: Towards a digital fairness act

CEA Digital Law