The European Commission’s proposal for a Digital Fairness Act

​In July 2025, the European Commission launched a public consultation to gather input on the forthcoming legislative proposal known as the Digital Fairness Act (DFA). The initiative aims to update and strengthen consumer protection in the evolving digital environment by addressing harmful and unfair commercial practices online.

Context of the Digital Fairness Act

The DFA responds to a concrete need: ensuring that European consumers enjoy fair levels of protection within digital services, where complex technologies, such as AI and personalized algorithms, can make market dynamics opaque or manipulative.

The European legislator intends to amend and complement the current consumer protection directives to meet the new challenges of the digital age.

Harmful commercial practices targeted by the regulation

The DFA focuses on several key areas, including:

• Dark patterns – deceptive and manipulative design techniques that nudge consumers toward unintended or uninformed decisions;
• Misleading advertising and influencer marketing on social media, which has become a powerful persuasion channel;
• Addictive product design, aimed at maximizing user engagement and consumption time;
• Unfair personalization practices, particularly those exploiting psychological vulnerabilities or targeting sensitive groups such as minors;
• Opaque monetization models, including hidden microtransactions and virtual currencies within online gaming platforms.

The public consultation: stakeholders and emerging themes

The consultation, open from 17 July to 24 October 2025, involved citizens, businesses, national authorities, and consumer organizations. Key themes that emerged include the need for clearer and more effective rules, special protection for minors, and the regulation of digital contracts and recurring subscriptions.

Expected impacts and challenges for businesses

The Digital Fairness Act is expected to foster a more transparent and competitive digital market, enhancing consumer protection while simplifying compliance frameworks for businesses, particularly for SMEs, which form the backbone of the European economy.

However, the introduction of new regulatory obligations will also bring compliance and adaptation challenges, requiring careful strategic planning by digital operators.

The Digital Fairness Act within the EU regulatory framework

The DFA fits within the broader European digital regulatory strategy, complementing the Digital Services Act (DSA), the Digital Markets Act (DMA), and the Artificial Intelligence Act (AI Act), while reinforcing the EU’s Consumer Agenda for 2025–2030.

Next steps and timeline

The legislative proposal is expected to be formally presented by the Commission in the third quarter of 2026, following the analysis of the extensive feedback collected during the public consultation phase. The proposal will then proceed through the European Parliament and Council for discussion and adoption.

van Berings provides specialized legal support in digital law and consumer protection, assisting companies and digital platforms in aligning with the forthcoming Digital Fairness Act and related EU regulatory frameworks, ensuring full compliance and a strategic approach to digital governance.