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ARTICLE · 13 NOVEMBER 2026

European Commission Publishes Long-awaited Digital Fairness Act

Lewis Silkin
Lewis Silkin
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Lewis Silkin

Lewis Silkin

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The European Commission has unveiled its Digital Fairness Act, a comprehensive proposal to modernise EU consumer protection law for the digital age. This legislative initiative targets dark patterns, subscription traps, influencer marketing practices, and AI-driven commerce while introducing stricter enforcement mechanisms with fines up to 6% of global turnover. The proposed framework seeks to replace the 2005 Unfair Commercial Practices Directive with updated rules addressing platform design, personalised

European UnionConsumer Protection

The digital economy has transformed almost every aspect of how businesses engage with consumers. However, much of the EU's core consumer protection framework was developed in an era before social media influencers, behavioural advertising, app ecosystems, AI-driven recommendation engines and subscription-based digital services became central to everyday commerce. With the publication of its proposed Digital Fairness Act (DFA), the European Commission has signalled its intention to modernise EU consumer law.

Digital Fairness Act: a new chapter for EU consumer protection

The proposed DFA follows the Commission's Digital Fairness Fitness Check, which concluded that the EU's core consumer law framework remains broadly effective but increasingly struggles to address certain practices that have become commonplace in digital markets. The DFA is intended to serve a dual purpose: strengthening consumer protection while creating a more harmonised and predictable regulatory framework across

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