Digital Fairness Act: Tackling Problematic Online Practices

Following the European Commission's 'Digital Fairness Fitness Check' ("Fitness Check"), the European Commission intends to propose a Digital Fairness Act ("DFA") to protect consumers online. The DFA will address problematic online practices for consumers including dark patterns, influencer marketing, addictive designs and personalised practices targeting vulnerabilities. A public consultation is expected in the coming weeks with a legislative proposal in mid-2026.

In May 2022, the European Commission launched its 'Digital Fairness Fitness Check' ("Fitness Check") to assess if EU consumer laws are fit for purpose in ensuring a high level of protection in the digital environment in the face of technological development and evolving digital behaviour. On 3 October 2024, the European Commission published the Fitness Check's findings.