The Digital Fairness Act

Getting ready for the next wave of EU consumer regulation

The EU’s proposed Digital Fairness Act marks the next significant shift in consumer protection for digital services. While the legislative scope of the Act remains undecided and hotly contested, it is expected to focus on a range of digital practices, from dark patterns and so-called 'addictive' design features to influencer marketing and unfair pricing tactics.

Our guide is designed to help you understand what the Digital Fairness Act may have in store. Across seven key digital fairness policy issues, we set out how existing EU law currently applies, the changes that the Act could introduce, and the practical implications for businesses.

And while the legislative detail is still evolving, the direction of travel is clear: businesses offering consumer-facing digital services should begin assessing how to prepare for the next wave of EU consumer regulation.

Key digital fairness policy issues

Dark patterns and deceptive design practices

The European Commission's Digital Fairness Fitness Check found that so-called 'dark patterns' undermine consumers' ability to make free and informed decisions, and are widespread across digital services.

In response, greater regulatory scrutiny of user journeys and interface design is expected, alongside a growing requirement to evidence that design choices do not undermine consumer autonomy.

Engagement-driven design features

These features, like infinite scroll, autoplay, streaks, variable reward mechanisms and algorithmic feeds, are increasingly common across digital services.

Whether these features can be legally classified as addictive, as claimed by consumer activist groups, is a highly sensitive and complex area, and regulatory intervention in this area is fraught with difficulty. Designing a clear and coherent regulatory framework that doesn't inadvertently prohibit legitimate UX design practices poses a significant problem.

Video games and interactive entertainment

This sector has evolved into complex monetisation ecosystems, with virtual currencies, randomised and engagement-driven mechanics. In particular, loot boxes - randomised reward mechanisms bought with real-world or virtual currency - are attracting increasing criticism, with some arguing they exploit psychological vulnerabilities in ways comparable to gambling.

Game monetisation design is increasingly being scrutinised as a consumer protection issue rather than a niche gambling concern.

Unfair personalisation practices

The EU Commission's Digital Fitness Check has highlighted growing consumer unease around unfair personalisation practices, and the opaque nature of data collection and profiling.

While personalisation is already subject to a number of overlapping EU privacy and consumer protection laws, the Digital Fairness Act is likely to raise the standard for the design and operation of digital services, particularly for vulnerable consumers and minors.

Social media influencers

Influencers have gained considerable power in shaping public discourse - but there are concerns around the opacity of their commercial activities, as well as the promotion of harmful content.

The Act is expected to introduce a more demanding and standardised compliance framework for influencer marketing.

Unfair pricing practices

The EU Commission's Digital Fitness Check has highlighted growing consumer unease around unfair personalisation practices, and the opaque nature of data collection and profiling.

While personalisation is already subject to a number of overlapping EU privacy and consumer protection laws, the Digital Fairness Act is likely to raise the standard for the design and operation of digital services, particularly for vulnerable consumers and minors.

Subscriptions and digital contracts

The digital subscription economy has grown rapidly - alongside consumer complaints across the contract lifecycle. These range from difficulties cancelling to free trials that turn into paid subscriptions without adequate consumer awareness or control.

The regulatory direction points towards greater symmetry between sign-up and cancellation and enhanced transparency throughout the subscription lifecycle.

Abstract overlapping curved shapes in varying shades of violet and purple on a solid violet background.

Legal insights & events

Keep up to date on the issues that matter.

Abstract yellow background with overlapping translucent olive green curved shapes.

Follow us

Find us on social media