Digital Fairness Act: New EU Plans for Online Shops

The Digital Fairness Act aims to strengthen protection against manipulative online design, subscription traps and hidden costs. On 11 November 2026, the European Commission presented its proposal alongside other elements of a consumer package. Online shops and marketplaces should review their processes, while keeping one distinction clear: the DFA is a legislative proposal, not a set of new duties already applicable today.

Digital Fairness Act: What the Commission proposes

The Commission’s official overview identifies dark patterns, misleading pricing, influencer marketing and problems managing online contracts. The published regulation proposal sets out specific measures:

• Easier cancellation: Article 23 proposes a prominent and easily accessible online termination function. Other provisions address reminders before renewals and the conversion of free trials into paid contracts.
• No invented scarcity: The annex of prohibited practices covers false information about availability or popularity used to create an impression of scarcity.
• Human customer service: Article 25 concerns online customer service after a contract is concluded. Human communication would be available on request when other means are ineffective. This is not an unconditional requirement for a permanently staffed hotline.
• AI shopping agents: Article 26 proposes accessible controls. Consumers could choose which contracts require their confirmation and set parameters such as a maximum price.
• Protection of minors: Under the conditions in Article 14, paid virtual currencies would be disabled by default for minors, with activation requiring parental or guardian approval. Paid random-reward systems and certain pay-to-win mechanisms would not be offered to minors.

The official text clarifies the proposed legal form

Earlier reports relied on a leaked draft. The official text now proposes a regulation that would apply directly in member states and replace the Unfair Commercial Practices Directive. Its annex also addresses foreseeable hidden charges and environmental and durability claims. These remain proposed provisions that may change during negotiations.

Enforcement is linked to the accompanying reform of consumer protection cooperation. For certain infringements investigated by the Commission, the proposal envisages fines of up to 6% of worldwide annual turnover. That figure is not a general DFA fine already applicable to every online shop today. Businesses should distinguish the proposed mechanism from penalties under existing laws.

When would the Digital Fairness Act apply?

The European Parliament and the Council must consider and adopt the proposal. There is no final application date yet. Draft Article 40 provides for application twelve months after entry into force. This does not mean twelve months after today’s presentation. Existing consumer protection and advertising requirements continue independently.

What online sellers can prepare now

Review checkout flows, displayed prices, subscription renewals and cancellation routes. Keep reliable evidence of actual stock levels. Check how customers move from automated support to human assistance when needed, and retain evidence for marketing and environmental claims. Follow the adopted text before treating draft details as final requirements.

ECOPV-EU supports sellers with EPR and product compliance in the EU. The shop processes described here should also receive legal review. This article provides general information and does not constitute legal advice.

Sources: European Commission, Digital Fairness Act proposal and annexes, 11 November 2026. Checked on 11 November 2026.

AI-generated Digital Fairness Act concept illustration; not an official certification.