In brief
- On 11 November 2026 the European Commission presents its Digital Fairness Act proposal, a regulation that now goes to the European Parliament and the Council.
- According to the draft reported, it would ban dark patterns, require users to be able to switch off addictive features and demand transparency on stock availability under dynamic pricing, with fines of up to 6% of global turnover.
- It is a proposal, not law in force: application would come only after a long legislative process.
The European Commission is presenting its Digital Fairness Act (DFA) proposal today, 11 November 2026, aiming to curb manipulative online commercial practices such as addictive design and opaque dynamic pricing. It matters because it would affect platforms, shops, subscription services and brands dealing with EU consumers.
What is being proposed
Justice Commissioner Michael McGrath is presenting the measure as a regulation rather than a directive, meaning rules directly applicable in every Member State. According to an analysis of the leaked draft, the text would specifically prohibit dark patterns and introduce a horizontal “fairness by design” duty for traders. It would also extend influencer-marketing responsibilities to brands and agencies, and form part of a wider package that includes a revision of Regulation (EU) 2017/2394 on consumer protection cooperation (CPC).
Dynamic pricing, addictive design and penalties
Under the draft reported by Reuters, sellers using dynamic pricing would have to disclose how many items remain at the advertised price, and operators would have to let users switch off features that encourage compulsive use. Personalised advertising aimed at children or vulnerable consumers would be banned. Fines could reach 6% of annual global turnover, the same ceiling as the Digital Services Act (DSA). Other reports add a clear cancellation button for subscriptions and consent before a free trial turns into a paid plan.
One clarification: the proposal does not ban dynamic pricing as such; it demands transparency. And these details come from a draft, so the final text may change.
Next steps
Today marks only the proposal stage. It must pass through the European Parliament and the Council, and it is estimated it will not apply before the end of 2028. Coherence with the DSA, the AI Act and the EU Kids Act proposal, presented in September, will be a central debate.
Our view at CEA Digital Law
At the Euro-American Committee of Digital Law - CEA Digital Law, we welcome a horizontal EU rule on commercial manipulation that also reaches traders outside the DSA. Three questions remain open. First, clarity: concepts such as “addictive design” need objective criteria and practical guidance so that SMEs can comply without disproportionate cost. Second, coordination with the DSA, the AI Act and data protection law, to avoid overlapping supervision. Third, cross-border enforcement: the real value will depend on the capacity of national authorities and the Commission.
For Latin America and the Caribbean and for Africa, where several jurisdictions are reviewing digital consumer law, the model offers useful ideas: transparency rather than blanket bans on pricing, cancellation as easy as sign-up, and shared responsibility in influencer marketing. It is worth following the negotiations and adapting the lessons to each institutional context.
Sources
- Lexology: EU Digital Fairness Act, leaked draft Regulation
- MLQ.ai (Reuters): EU draft Digital Fairness Act fines up to 6%
- TheJournal.ie: EU law to clamp down on influencers, ticket websites and doomscrolling
- Tech Times: EU Dark Patterns Law Listed for Wednesday
CEA Digital Law
النشرة
فعاليات وأخبار وتحليلات في القانون الرقمي تصلك على بريدك، ولا نراسلك إلا حين يكون لدينا جديد.
