EU – EU Commission Proposes Digital Fairness Act 

The European Commission is leading the way in introducing new legislation that should further strengthen the EU’s regulatory framework for the digital economy. The Digital Fairness Act(DFA) should fill the gaps that have been “forgotten” by the previously adopted legislation. 

It should complement legislation that is already in place. The main contribution should be in addressing the rules to protect consumers from unfair practices and manipulative behaviour in the digital environment. The DFA will fill the gaps left primarily by the Digital Services Act (DSA) and the Digital Markets Act (DMA). 

The act will not abolish any previously adopted legislation; instead, it will work in perfect harmony to address issues that haven’t been tackled before. These “challenges” haven’t been addressed before for various reasons, such as a lack of supporting evidence from impact assessments, the emergence of new technologies, and the growth of different types of online businesses, among others. 

The legislation will become an additional piece of the digital economy legislative framework, alongside the GDPR, DSA, DMA, and Artificial Intelligence(AI) Act. 

Regulatory Framework

Impact Points

• The scope of the proposal is still in progress, but the Commission has made a few official statements about the subjects that are most likely to be covered: 
• Dark Patterns: Stricter rules that should be followed to decrease the unfair and manipulative practices by online vendors when trying to reach their online customers. 
• Addictive Design: More transparency for promoted or sponsored products, raising accountability for the manufacture of the product.
• Personalization: Stricter rules are needed regarding personalization practices that exploit consumer vulnerability to drive their own profit. 
• Pricing Practices: Transparency surrounding the discount promotions. 
• Digital Contracts: Introduction of the provisions that will decrease the difficulties for cancellation of the subscription-based contracts, auto-renewals, and the usage of the chatbots. 

Who is in the scope

The Digital Fairness Act should have broad applicability. Its primary focus lies on regulating the B2C digital economy, with emphasis on the digital platform operators, online vendors, and digital service providers. A considerable portion of the online businesses that run on the usage of personalized offers, subscription-based contractual relationships, or features that guide consumer choices in one way or another are under the radar. 

Main sectors that are in scope are: 

• E-commerce marketplaces 
• Digital Platforms(streaming, subscription-based, travel, ride-hailing, delivery)

Where are we with the DFA 

Timeline 

1. The European Commission opened the Stakeholder consultation period, which runs from July 17, 2025, to October 24, 2025. The consultation seeks evidence from various stakeholders, including companies, consumer groups, institutions, and others. 
2. It seeks evidence on the topics(elaborated above), such as dark patterns, pricing transparency, protection of vulnerable groups, influencer marketing, and cancellation of subscriptions. 
3. The EU Commission should issue a summary report in the second part of December 2025, based on the collected stakeholder data. 
4. In the second quarter of 2026, the Commission should publish final impact assessment reports, reasoning on the necessity for new legislation and related policy types.
5. During the third quarter of 2026, the draft of the Digital Fairness Act should be published. 
6. During the fourth quarter of 2026, the EU legislative process on the DFA should start. The DFA should be adopted in 2027. 

Takeaway