Commission proposes the Digital Fairness Act

The European Commission has proposed a Digital Fairness Act to limit unfair online selling. The November 11 notice says the proposal would ban dark patterns and end free trials that turn into subscription traps.

The Commission ties the proposal to everyday shopping problems. It cites its 2025 Consumer Conditions Scoreboard, which finds that about 60 percent of people buy goods or services online. The same scoreboard says online shoppers are more than 60 percent more likely to run into problems than people who buy in a store. The notice says the aim is the same level of protection online as in a physical shop.

Dark patterns and live prices are named in the proposal. The Commission says it would ban manipulative marketing, including fake claims that an item is nearly gone, that push people into purchases they would not otherwise make. In a virtual queue, a company would have to show the price as it stands and the highest price that could be charged. A factsheet published the same day adds that dynamic ticket sales would have to state how many tickets remain and the maximum price.

Gaming features for minors are in the same package. The factsheet says people would be able to switch off design features that push excessive or compulsive spending, including prompts that keep appearing. It says gambling-like features for minors would be banned, and it names pay-to-win and pay-to-progress.

Subscriptions would have to be easier to leave. The Commission says digital contracts should be simpler to cancel, and that unwanted automatic renewals would stop. It also says free trials should no longer become subscription traps. The proposal would simplify how the Consumer Rights Directive works online, with lighter pre-contract information for repeat purchases inside an app. It would also set clearer rules for cancelling a digital media subscription during the withdrawal period. The factsheet adds a right to reach a human in customer service, and clearer information on free trials and renewals.

Ads, minors, and fines sit alongside those rules. Influencers would have to label commercial content. The factsheet says ads would have to be clearly shown, and that ads for harmful products would not be allowed. Unfair personalised ads and prices aimed at minors would be restricted. The factsheet also says personalised ads and prices must not target minors or exploit sensitive data. For large cases across the EU, the Commission could fine a business up to 6% of worldwide annual turnover. A firm outside the EU that sells to EU consumers would have to name a representative inside the EU. The Commission says businesses expect the package to save consumers up to €13.7 billion a year. The notice does not set a date for adoption or for the rules to take effect.