Digital Fairness Act | Legislative Train Schedule

Over the years, the EU has adopted a number of consumer laws so that consumer can play an active role and fully benefit from the digital single market. Yet, the digital transformation has altered the context in which these consumer laws apply. Data-driven personalisation, recommender systems and interface design now undermine consumer choices and influence them to take decisions that go against their interests.

According to the 2024 fitness check of three EU consumer protection directives, the core EU consumer laws remain relevant but they have only partially achieved the objectives of providing consumers with a high level of consumer protection and a better functioning of the internal market. Consumers encounter several problems online such as deceptive or addictive interface design, personalised practices that exploit vulnerabilities, difficulties with the cancellation and renewal of digital subscriptions, and situations in which users are driven to accept unfair contract terms. According to the Commission, EU consumer protection is undermined by insufficient enforcement, legal uncertainty, an increasing risk of regulatory fragmentation across Member States' national approaches and the lack of incentives for traders to aim for the highest standard of consumer protection.

In the Commission work programme for 2026, the Commission announced  under the priority 'Protecting our democracy, upholding our values' a legislative initiative for the fourth quarter of 2026 called the Digital Fairness Act. The legislative initiative is expected to tackle several problems consumers face online such as dark patterns, marketing by social media influencers, the addictive design of digital products and unfair personalisation practices, especially where consumer vulnerabilities are exploited for commercial purposes. The Digital Fairness Act will also aim to streamline obligations for businesses, notably by reviewing certain consumer information requirements in certain types of contracts.

The Commission held a public consultation on the forthcoming Digital Fairness Act until 24 October 2025. Respondents disagree on the necessity to further regulate at the EU level digital fairness. Consumer-protection organisations call for tighter rules, while online platforms such as TikTok argue that there is only a very limited need for further regulatory intervention.

The European Parliament has on several occasions called for action against these problematic practices. For example, in its December 2023 resolution on addictive design of online services and consumer protection, the Parliament called on the Commission to propose legislation against addictive design and close regulatory gaps on issues such as dark patterns. 

The Council, in its 2024 conclusions on influencers, invited the Commission and Member States to develop policies and instruments that foster responsible behavior by influencers towards their audience, and ensure that the EU takes into account also the impact of influencers on min ors.

References:

• European Commission, European Commission 2026 work programme, COM (2025) 870
• European Commission, Public consultation on the Digital Fairness Act
• European Parliament, Resolution of of 12 December 2023 on addictive design of online services and consumer protection in the EU single market, 2023/2043(INI)
• Council, Council conclusions on support for influencers as online content creators, 14 May 2024

Further reading:

Author: Maria Niestadt, Members' Research Service, legislative-train@europarl.europa.eu