European Commission Invites Comments on Future Digital Fairness Act

On 17 July 2025, the European Commission (EC) launched a public consultation on a future Digital Fairness Act. The consultation is open until 9 October 2025. European Union (EU) and non-EU stakeholders are invited to submit comments, including large companies, small and medium-sized enterprises, citizens’ associations, non-governmental organisations, any other bodies and consumers.

The public consultation follows from the EC’s evaluation (Fitness Check) of EU consumer law on digital fairness, which concluded in 2024. Despite already having strong consumer protection laws, both for the online and the offline environment, and one of the world’s most extensive digital rulebooks (as reinforced recently by the adoption of, among other laws, the Digital Services Act (see our alert here), the Digital Markets Act (see our alert here) and the Artificial Intelligence Act, see our alert here), the evaluation found gaps in consumer protection and areas of legal uncertainty. In particular, the evaluation found that consumers are too often exposed to practices such as deceptive or manipulative interface design (dark patterns), addictive features, unfair personalisation practices that exploit consumers’ vulnerabilities, misleading marketing by online influencers, as well as difficulties in managing digital contracts. It also found that the existing, largely principle-based, rules also do not provide sufficient legal certainty for businesses or regulatory authorities.

To address these gaps and uncertainties, the EC intends to develop a Digital Fairness Act, which will tackle unethical techniques and commercial practices related to manipulative interface design (dark patterns), misleading marketing by social media influencers, addictive design of digital products and online profiling, especially where consumer vulnerabilities are exploited for commercial purposes.

The public consultation is intended to provide input into an impact assessment to be carried out by the Commission that will explore options for improving consumer protection in the online environment, increase trust and reduce fragmentation in the single market. The options being considered – and which the consultation seeks feedback on –  include:

• Preventing traders from using dark patterns and other unfair techniques that pressure, deceive and manipulate consumers online.
• Giving consumers greater control of their online experience by addressing addictive design features that lead consumers, particularly minors, to spend excessive time and money on online goods and services.
• Addressing problematic features of digital products, such as in video games in particular, as it concerns their impact on minors.
• Addressing problematic personalisation practices, including situations where consumer vulnerabilities are targeted for the purposes of personalised advertising and pricing.
• Preventing harmful practices by social media influencers (e.g. the lack of disclosure of commercial communications, the promotion of harmful products to their followers and clarifying the responsibilities of the companies that collaborate with them).
• Addressing unfair practices related to the price (e.g. “drip” pricing, “starting from” prices if the trader applies dynamic pricing, percentage/value discounts that mislead the consumer as to the nature of the promotion).
• Addressing problems with digital contracts (e.g. difficult cancellations of subscriptions, auto-renewals or free trials converted into paid subscriptions, use of chatbots for customer service).

The Digital Fairness Act also will be an opportunity for streamlining and simplification. Thus, the impact assessment may also consider simplification measures, such as consumer information requirements in repetitive transactions with the same trader (e.g. in-app purchases) and consumer’s right of withdrawal in respect of certain subscription services.

By participating in the public consultations, stakeholders have an opportunity to provide input for the impact assessment and, in turn, influence the design of the future Digital Fairness Act. EU and non-EU stakeholders may participate. As noted earlier, comments must be received by 9 October 2025 (midnight CET).