EU Digital Fairness Act: what the Commission proposed on 11 November 2026, and what happens next

On 11 November 2026 the European Commission presented its proposal for a Digital Fairness Act (DFA), an update of EU consumer protection rules for online shopping and digital services (Commission press release IP/26/2407). On the same day it proposed a revision of the Consumer Protection Cooperation (CPC) Regulation, which would let the Commission investigate and fine companies directly in large cross-border cases. The Commission also published a Questions and Answers document and the full legal text of the DFA.

This article sums up what the proposal says, who it would cover, and what is still open. It is a proposal. Nothing in it applies to businesses or consumers today.

Sources for the table: proposal text and press release.

The package has three legal texts (press release):

• the Digital Fairness Act, a regulation;
• a directive amending the Consumer Rights Directive, aimed at simplifying some online information rules;
• a revision of the CPC Regulation, on how consumer law is enforced.

The DFA would repeal the 2005 Unfair Commercial Practices Directive (UCPD) in full. Its existing content, such as the general ban on unfair practices and the list of practices banned in all cases, is carried over into the new regulation (proposal, explanatory memorandum). The change from a directive to a regulation means the rules would apply directly, without national transposition laws (Q&A).

According to the press release and the Q&A:

• Dark patterns. The blacklist of practices banned in all circumstances is updated. Examples given: fake scarcity claims ("Only 1 left"), wording that shames people for saying no, and pre-ticked boxes or items added to the basket automatically.
• Addictive design. Consumers could switch off features such as video autoplay and notifications not linked to their own activity.
• In-app currencies. Companies must show what virtual currency purchases are worth in real money. For minors, virtual currencies would be off by default.
• Gambling-like features. Loot boxes, pay-to-win and pay-to-progress features would be banned for minors.
• Influencers. Paid promotion must be clearly disclosed. Brands and agencies must make sure influencers comply.
• Personalisation. The Digital Services Act already bans online platforms from targeting minors with personalised ads, or using sensitive data such as health. The DFA would extend these bans to all websites and apps, and ban higher personalised prices for minors and vulnerable consumers.
• Pricing. The full price, including fees and taxes, must be shown from the start, which would end "drip pricing". In virtual queues, for example for event tickets, the current price and the highest possible price must be shown in real time. Ticket resellers must show the original price, ticket type and seat.
• Subscriptions. A simple cancellation option, notice before a free trial ends or a contract renews, and active consent before a free trial turns into a paid contract.
• Human contact and AI agents. Consumers would have a right to reach a human in customer service when other means fail. The press release also mentions clear rights when consumers use an AI agent to buy on their behalf.

The Commission says the DFA would apply to all companies engaged in business-to-consumer commercial practices, not only online platforms. This is a key difference from the Digital Services Act, which covers online platforms only (Q&A). The current UCPD already covers traders based outside the EU when they target consumers in the EU (proposal). Under the CPC revision, non-EU companies would have to appoint a legal representative in the EU (press release).

Today, national authorities enforce EU consumer law and the Commission only coordinates. Under the CPC proposal, the Commission could act directly when a breach is likely to affect consumers in at least two-thirds of Member States, representing at least two-thirds of the EU population, and the company is not an SME. In those cases national authorities would have to stop their own investigation. Fines could reach 6% of worldwide annual turnover (Q&A). Since 2020 the CPC network has run more than 30 coordinated enforcement actions (press release).

The Commission's impact assessment estimates a yearly reduction in consumer detriment of EUR 13.7 billion. It puts yearly recurring costs for businesses at EUR 1.2 billion, or EUR 678 million after adjusting for overlaps (proposal, explanatory memorandum). These are Commission estimates, not measured results.

• 2024: the Digital Fairness Fitness Check found gaps in EU consumer law online (press release).
• 17 July – 24 October 2025: public consultation. It received 3,341 responses. Among the 1,733 responses outside one large campaign, 72% supported new binding EU rules on dark patterns and 68% on influencer marketing (proposal).
• 3 July 2026: the Regulatory Scrutiny Board gave a positive opinion with reservations on the impact assessment (proposal).
• 11 November 2026: the Commission presented the proposals.

Before publication, EUobserver reported on a leaked draft (10 November). The consumer group BEUC welcomed influencer disclosure. Digital rights group EDRi said the opt-out approach to addictive design may leave uncertainty. These comments refer to the leaked draft, not the final text.

• The final text. The press release says the proposals "will now be discussed by the European Parliament and Council". Both must agree before anything becomes law (press release).
• Parliament committee and rapporteur. On 13 November 2026 the Parliament's Legislative Observatory did not yet show a procedure page for 2026/0356 (COD). No committee or rapporteur is confirmed here.
• Council position. No Council timetable has been published in the sources above.
• Start date. The draft says the regulation would apply 12 months after entry into force, but this is written as a placeholder in square brackets (proposal, Article 40). No calendar date can be given yet.
• Details of the AI agent rights. The press release mentions them, but the Q&A does not explain them.

• European Commission, press release IP/26/2407, 11 November 2026
• European Commission, Questions and Answers QANDA/26/2408
• Proposal for a Digital Fairness Act, COM(2026) 1100 final
• European Parliament, Legislative Observatory
• EUobserver, 10 November 2026

Educational content. Not legal or investment advice.