What You Need To Know About the Digital Fairness Act
The European Commission is targeting unfair online practices with its upcoming Digital Fairness Act (DFA). While the legislation itself is still in development, the launch of a public consultation is a major step toward tackling unfair online practices and enhancing protections for European consumers. Businesses, authorities, consumer groups, and other stakeholders are invited to share their input by 9th October 2025, which will feed into an impact assessment and ultimately inform the legislative proposal expected in 2026.
Protecting Consumers in the Digital World
Europe has long prided itself on strong consumer protection, but the digital world brings new challenges that current laws don’t fully address. The DFA aims to strengthen fairness online while simplifying rules for businesses and creating a level playing field. At the heart of the initiative is the goal of protecting users, particularly minors, from manipulative or harmful digital practices.
One area of concern is the way digital interfaces are designed to influence decisions. Techniques often called “dark patterns” can push users into choices they might not otherwise make, from countdown timers that create false urgency to misleading prompts in apps and websites. Similarly, certain design features like infinite scrolling, autoplay videos, or penalties for disengagement can encourage excessive online engagement, raising questions about addictive digital experiences and their impact on consumers.
The DFA also addresses features within digital products that can lead to unfair outcomes, such as “loot boxes,” virtual currencies, or pay-to-progress mechanisms in games and apps. The Commission is considering whether users should have greater transparency, control, or restrictions, especially for younger audiences.
Personalisation of content and offers, while often convenient, is another focus. Exploiting user data to manipulate purchasing decisions or target vulnerable individuals is under scrutiny. The Commission is exploring measures to ensure personalisation doesn’t become a tool for exploitation. Social media influencers, too, fall under the DFA’s scope. As influencers increasingly shape buying behaviour, the need for clearer advertising disclosures and limits on potentially harmful promotions is being considered.
Pricing practices are also under the microscope. Dynamic pricing, “drip pricing,” and misleading comparisons can confuse consumers and create unfair advantages. Similarly, digital contracts, subscription models, and trial periods can leave users with little control, prompting the need for greater transparency and enforceable rights.
The Commission isn’t only focused on consumer protection. The DFA aims to balance these safeguards with simplification measures for businesses, such as reducing repetitive information requirements or adjusting withdrawal rights for digital subscriptions, ensuring compliance is feasible without stifling innovation.
What Are Dark Patterns?
Dark patterns are design tricks in websites, apps, or digital interfaces that manipulate users into making choices they might not otherwise make. They’re intentionally deceptive or misleading, often pushing people toward actions that benefit the business rather than the user.
Some common examples include:
Pre-checked boxes that sign you up for newsletters or paid services without clear consent.
Countdown timers creating a false sense of urgency to make a purchase quickly.
Misleading buttons or wording that make it hard to cancel a service or opt out.
Hidden costs or fees revealed only at the last step of checkout.
Tricky navigation designed to make certain options harder to find (like unsubscribing).
Why the EU is Targeting Dark Patterns
Dark patterns manipulate users into actions that benefit companies like signing up for paid subscriptions, sharing more data than intended, or making impulse purchases, often without the user fully realising it. The European Commission sees these practices as unfair and harmful, particularly when they exploit vulnerabilities, such as targeting minors or using misleading language.
With the DFA, the EU wants to close loopholes in existing consumer law that don’t fully address these subtle manipulations. The goal is to ensure digital interactions are transparent, fair, and easy to understand, giving users genuine control over their decisions.
What Comes Next
The consultation provides a rare window into the Commission’s thinking on digital consumer law and is open until 9th October 2025. Feedback will shape an impact assessment and feed into a formal legislative proposal scheduled for the third quarter of 2026.
In essence, the Digital Fairness Act is poised to redefine online consumer protection in Europe. By addressing manipulative design, unfair personalisation, influencer marketing, addictive features, and transparency in pricing and contracts, the DFA aims to foster a digital environment that is both fair for consumers and manageable for businesses.
What This Means for Businesses
Design transparency matters: Companies will likely need to make interfaces clearer, avoiding misleading prompts, confusing options, or pre-ticked boxes that push users toward unwanted actions.
Review marketing flows: Any practice that nudges users deceptively, even subtly, could come under scrutiny. Businesses may need to audit apps, websites, and in-product prompts for compliance.
Focus on consent and control: Users should be able to make choices freely, withdraw easily from services, and understand what they’re agreeing to.
Potential enforcement: Non-compliance could trigger investigations or fines under the new rules, similar to existing EU consumer protection enforcement.
In short, businesses will need to redesign digital experiences around fairness, not just usability or conversion. Practices that were previously accepted as “industry standard” may no longer be viable.
How Can Gerrish Legal Help?
Gerrish Legal is a dynamic digital law firm. We pride ourselves on giving high-quality and expert legal advice to our valued clients. We specialise in many aspects of digital law such as GDPR, data privacy, digital and technology law, commercial law, and intellectual property.
We give companies the support they need to successfully and confidently run their businesses whilst complying with legal regulations without the burdens of keeping up with ever-changing digital requirements.
We are here to help you, get in contact with us today for more information.