Thu. Nov 12th, 2026
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E-commerce under scrutiny in the EU. Illustration by ReaxionLab on Pixabay

Brussels, 11 November 2026

On Wednesday, the European Commission presented its Proposal for a Digital Fairness Act (DFA) – a major update of the EU consumer protection rules to ensure that consumers in the EU enjoy the same high level of protection online as they do offline.

Alongside it, the Commission proposed a revision of the Consumer Protection Cooperation Regulation (CPC Regulation), granting the Commission stronger powers to directly investigate and issue fines in large-scale cases that have a significant impact on consumers across the Single Market.

Together, these initiatives will build on the existing digital rulebook to strengthen consumer protection, contribute to fairer online markets and create a level-playing field – allowing companies to compete, grow and innovate with confidence.

The rapid growth of e-commerce and digital markets have transformed the way we shop, making it easier than ever for consumers to access goods and services. But this convenience must not come at the expense of fairness. Unfair commercial practices online, such as manipulative marketing tactics or hidden fees, undermine consumers’ ability to make free and informed choices. Today’s proposals will equip the EU with stronger tools to tackle these unfair practices, strengthen enforcement across the Single Market and simplify the rules businesses must follow, increasing compliance.  The result will be better protection for consumers and fairer competition for businesses, which all in all are expecting to save EU consumers up to €13.7 billion a year.

New protections online for consumers

The Digital Fairness Act proposal allows EU authorities to tackle unfair practices in digital markets more effectively, ensuring that all traders play by the same rules. The DFA will protect consumers of all ages shopping and browsing for goods or services online.

Key novelties of the proposal include:

  • A ban on manipulative marketing tactics (so-called “dark patterns”) such as fake claims that a product is almost sold out that pressure consumers into purchasing decisions they might not otherwise make.
  • Clear and transparent pricing, particularly prices of purchases made with virtual in-app currencies and when dynamic pricing is used for cultural and sports events. In virtual queues, companies will have to show the current price in real time and the highest possible price.
  • Fairness by design, with the option for consumers to turn off addictive design features that encourage excessive or compulsive spending, such as persistent prompts. The proposal will also restrict unfair practices that encourage overspending, for example by banning gambling-like features for minors, such as pay-to-win and pay-to-progress.
  • Clear disclosure of influencer marketing, requiring influencers to be transparent about commercial content and preventing the exploitation of the trust of minors in their audience.
  • A restriction on unfair personalised ads and prices that target minors or take advantage of sensitive data.
  • Digital contracts and subscriptions that are easier to cancel and an end to unwanted automatic renewals and free trials turning into subscription traps. Consumers will have the right to communicate with a human in customer service and will have clear rights when using an AI agent to buy products on their behalf.

The Digital Fairness Act proposal also contains simplification measures and today’s proposals include a simplification directive with targeted amendments to the Consumer Rights Directive to simplify its application online. This includes simpler pre-contractual information requirements for repeat in-app purchases and clearer rules on how consumers can cancel digital media subscriptions within the withdrawal period.

Direct EU enforcement powers and improved national coordination

In today’s day and age, digital markets evolve rapidly. So do unfair practices, which are proliferating online and know no borders. To keep our consumers safe and ensure businesses can compete fairly, we need to equip ourselves with the right tools to respond rapidly and effectively to breaches of consumer law. A centralised enforcement of EU consumer rules will help deal swiftly with high-impact cases, increasing the deterrence of EU rules, shielding honest businesses from unfair competition, and protecting consumers from harm. This why the revision of the CPC Regulation proposes to:

  • Give the Commission direct powers to investigate large-scale cases with a major impact on consumers across the Single Market, with fines of up to 6% of a company’s worldwide annual turnover.
  • Speed up and improve coordination of national consumer authorities in cross-border cases, setting timelines for key steps and improving how penalties are coordinated, for example when fines are collected in different jurisdictions.
  • Strengthen enforcement against non-EU companies, by requiring them to appoint a legal representative in the EU to cooperate with national authorities and the Commission.
Next steps

The proposals will now be discussed by the European Parliament and Council.

Background

The Commission announced both the revision of the CPC Regulation and the Digital Fairness Act in the Commission’s 2030 Consumer Agenda. The DFA was also included in the 2026 Commission Work Programme and the revision of consumer enforcement rules is included in the “One Europe, One Market” roadmap. These measures answer calls for stronger enforcement and protection against unfair digital practices.

The Proposal for a Digital Fairness Act builds on the findings of the Commission’s 2024 Digital Fairness Fitness Check. The CPC Regulation established the CPC Network, which brings together national consumer protection authorities to investigate and address cross-border infringements of EU consumer law. The Commission currently cannot directly enforce these rules, but facilitates CPC enforcement actions in cases of widespread breaches with an EU dimension. Since the Regulation started applying in 2020, the Network has carried out more than 30 coordinated enforcement actions. The proposed CPC revision is based on the findings of the 2024 application report, which identified several shortcomings in the current enforcement system.

For more information
Quote(s)

The Single Market lives through its 450 million consumers. Our laws must keep up with the way people live, shop and do business today. This reform will make everyday life simpler, fairer and safer for consumers, while giving businesses the clarity and confidence they need to thrive.

Henna Virkkunen, Executive Vice-President for Tech Sovereignty, Security and Democracy

Shopping has never been more convenient, but convenience must never come at the expense of fairness. Strong consumer protection is the foundation of competitiveness. Whether people shop online or in a physical store, they deserve the same high level of protection. Today we are proposing the most ambitious reform of EU consumer protection rules in a generation, so both consumers and businesses can make the most of digital markets with trust and confidence.

Michael McGrath, Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection

Source – EU Commission

 


EU Commission questions and answers on the Consumer Package

Brussels, 11 November 2026

How will the proposals benefit businesses and align with the simplification agenda?

The proposed measures will provide clearer, simpler, and harmonised rules across the EU. The Digital Fairness Act (DFA) will also make the rules more uniform across the EU. It will transform the Unfair Commercial Practices Directive (UCPD) into a Regulation, directly applicable in all Member States. This will reduce fragmentation and legal uncertainty, saving businesses the cost of navigating different national rules. It will also simplify existing rules and make compliance easier. The DFA proposal includes targeted measures to reduce administrative burdens while keeping a high level of consumer protection. For example, it lightens mandatory pre-contractual information for repeated microtransactions with the same company and for automated contracts. The proposal also clarifies the right of withdrawal for digital subscription services.

Enforcement will be stronger against companies that do not play by the rules, including non-EU companies. Faster, stronger and more coherent enforcement will level the playing field between businesses, which will stem down unfair competition, support honest businesses and the proper functioning of the Single Market.

How will the DFA address dark patterns in practice?

The DFA proposal clarifies that EU consumer protection law bans practices that push or mislead consumers into making decisions they would not otherwise make—so-called dark patterns. In practice, it updates the “blacklist” of practices that are banned in all circumstances. This includes, for example:

  • Fake claims that a product or service is running out (“Only 1 left”, “5 other customers are interested in this!”, etc.);
  • Practices that shame consumers for not making choices that benefit the business (“We’re sad to see you go”, asking a consumer to click a button saying “I don’t like good deals” to unsubscribe from a mailing list, etc.); or
  • Default options that consumers have to reject, such as pre-ticked boxes or extra items added automatically to the basket.

How will the DFA address addictive design?

The DFA will give consumers more control over addictive design features that encourage the excessive or compulsive use of digital products. It does so by allowing consumers to turn off features such as  autoplay of videos or notifications not directly related to the consumer’s activity on the service, thus complementing the more specific rules for minors in the proposed EU KIDS Act.

How will the DFA prevent overspending?

The DFA will address practices that drive consumers to spend more than they intended online. It clarifies the rules on virtual in-app currencies, which consumers can buy with real money to purchase virtual items, for example in video games. Companies will have to clearly show what these purchases are worth in real currencies. For minors, virtual in-app currencies will also have to be turned off by default. The DFA also bans features that encourage gambling-like behaviour or put pressure on minors. This includes loot boxes, which are paid virtual items that give a random reward, and pay-to-win or pay-to-progress features.

How will the DFA address influencer marketing?

Under the DFA, influencers will need to clearly disclose when they are being paid to promote a product, rather than misleadingly present the sponsored content as personal advice. They will also not be allowed to promote products which under existing laws cannot be legally advertised, are dangerous or present products as appropriate for minors when they are not. Brands and agencies will have to ensure that influencers comply with their obligations.

How will the DFA address unfair personalisation?

Currently, the DSA bans online platforms from targeting minors with personalised advertising or targeting people based on sensitive data, such as on health or ethnic origin. The DFA will extend these bans to all websites and apps. In addition, companies will be banned from presenting higher personalised prices to minors or vulnerable consumers.

What will the DFA do on pricing?

To ensure that consumers have all the tools they need to get a fair deal, the DFA will address dynamic pricing, drip pricing and misleading price comparisons. Companies will need to inform consumers waiting in virtual queues how the price is changing in real time and the maximum possible price. Companies will have to show the full price from the start, including additional fees, taxes, and charges. This will effectively ban drip pricing, where a company makes a product appear affordable at first by withholding information on additional fees in the beginning of the booking process, only to add them to the total price at checkout. Companies reselling event tickets will also clearly have to show the total price of the original ticket, as well as the ticket type, row and seat number, where relevant.

What will the DFA do about digital contracts and subscriptions?

Currently, subscriptions can be easy to sign up for, but difficult to cancel. Some free trials automatically switch to paid subscriptions without the consumer agreeing to it. Others get automatically renewed without warning, and it can be difficult to reach a human in customer service when problems arise. The DFA will address all these issues by requiring a simple, unambiguous cancellation option for digital contracts, as well as clearer information before free trials end or subscriptions are automatically renewed. It will also require active confirmation before free trials are converted into a paid contract. In addition, consumers will have the right to access human customer service when problems arise in an ongoing contract and when other means are not effective.

How will enforcement of consumer law improve? When will the Commission step in?

In today’s day and age, digital markets evolve rapidly. So do unfair practices, which are proliferating online. To keep our consumers safe and ensure businesses can compete fairly, we need to equip ourselves with the right tools to respond rapidly and effectively to breaches of consumer law. The proposal provides for direct EU powers to enforce EU consumer law. The Commission will have the power to investigate and issue fines in large-scale cases with a high impact on consumers in the Single Market.

The Commission will be able to intervene directly when a breach is likely to affect consumers in at least two-thirds of EU Member States, representing at least two-thirds of the EU population. The case must also involve a company that is not a Small or Medium Enterprise (SME). If the Commission decides to launch proceedings, national authorities will have to stop investigating the same case to ensure a single and coordinated EU-level response. The Commission will have the power to issue fines of up to 6% of a company’s worldwide annual turnover.

In addition, the revision will help strengthen enforcement at national level with powers and procedures to act faster and more effectively. It will streamline the procedure for cooperation in cross-border cases by introducing timelines for key procedural steps and by improving how penalties are coordinated. This will lead to better protection for consumers across the EU and greater clarity for businesses.

What is the link between the digital rulebook and the DFA?

The EU wants to ensure people and businesses can use online platforms and e-commerce services in a safe manner everywhere, and that businesses can innovate freely, allowing consumers to enjoy a wider range of products and services. The digital rulebook aims to ensure that everyone can use online platforms without fear of manipulative algorithms or illegal goods and content, and that digital markets operate fairly and remain open to competition and innovation. The Digital Services Act (DSA) aims to make online spaces safer and more transparent, for example by introducing rules on the reporting and removal of illegal content, establishing transparency rules for algorithms and advertising, and also requiring the largest platforms to assess and mitigate systemic risks on their services.

The Proposal for a Digital Fairness Act, by addressing gaps identified in the 2024 Digital Fairness Fitness Check, acts as a safety net of consumer protection that complements the EU digital rulebook. It provides for targeted amendments to modernise the existing consumer law framework online. For example, the DSA applies only to online platforms, while the DFA would apply to all companies engaging in business-to-consumer commercial practices.

The Digital Markets Act (DMA) aims to address unfair practices and limited contestability in digital markets. To this aim, it imposes a set of obligations on a limited number of very large digital platforms, which act as gateways between businesses and consumers. These include requirements to allow effective interoperability, data access and portability, transparency in advertising services, as well as to not give preference to their own products and services. The Artificial Intelligence Act sets out risk-based rules to promote the safe uptake of human-centric and trustworthy AI.

Together, these rules aim to foster a digital environment where EU business can thrive and users are safe.

What is the link between the DFA proposal and the EU KIDS Act proposal?

In light of the specific risks that minors face online due to their unique vulnerabilities and developmental stage, the EU KIDS Act proposal aims to make the internet safe for children across the EU. It will focus specifically on protecting minors’ privacy, safety and security online by introducing a phased approach to autonomous accounts on social media, in line with their development, and introducing robust safety-by-design rules, including on social media, video-sharing platforms, online games, AI companions and chatbots.

As President von der Leyen outlined in her State of the Union speech 2026, it is not only minors that are at risk. Unfair commercial practices continue to be harmful after 18. All consumers need strong protection against them. This is why we need a wider framework. The DFA proposal builds on the EU KIDS Act proposal to protect consumers of all ages – adults, young people, and children alike – against unfair commercial practices online. It focuses on economic interests and acts as a safety net for companies selling goods and services to consumers.

For more information

Source – EU Commission

 


Remarks by EU Commission Executive Vice-President Virkkunen and EU Commissioner McGrath on the Digital Fairness Act and a Consumer enforcement initiative

Brussels, 11 November 2026

“Check against delivery”

Executive Vice-President Virkkunen

Good morning, and welcome to the college readout. Today we present the Consumer Package.

This package has two proposals: the Digital Fairness Act (DFA) to simplify and modernise consumer protection for the digital age.

And the revision of Consumer Protection Cooperation (CPC) Regulation, to make enforcement of EU consumer law more effective and coherent.

In recent years, the European Union has set the global standard for a safe, secure and fairer online world. For citizens and businesses alike.

We are delivering to that standard through the enforcement of the Digital Services Act, the Digital Markets Act, and the AI Act.

More recently, we have also proposed EU KIDS Act to ensure safety from the very beginning to our children. Once more Europe is showing leadership in protecting our users in the digital world.

Now, it was time to update consumer protection rules to ensure they remain a strong safety net in the digital world.

We are tackling the new unfair commercial practices that distort consumers’ choices and put pressure on them, undermining their ability to make informed choices.

A clear example is manipulative design practices, so-called ‘dark patterns’. When shopping online, we have all experienced fake urgency tactics, such as claims that “only 5 items remain”.

We are also empowering consumers: by giving them further control over addictive digital features, such as endless scrolling. Or by making subscriptions and digital contracts easier to understand and easier to cancel.

We are making influencer marketing and personalised commercial practices more transparent.

This is good for consumers, and it is also good for business. It creates a level playing field across the EU, just like we aim to do in other areas of our legislation.

In addition, the Commission is proposing to revise the Consumer Protection Cooperation Regulation.

We are giving the Commission direct investigation and sanctioning powers in very large-scale cases with a major impact on consumers across the Single Market.

This would include powers to impose fines of up to 6% of a trader’s worldwide annual turnover, to improve coordination of cross-border enforcement actions by national authorities, and to strengthen enforcement against non-EU traders.

This coordination for cross-border actions is built into the design laws already when it comes to consumers. The Digital Fairness act will not duplicate this – it will reinforce our rulebook.

Lastly, the Commission is proposing targeted amendments to the Consumer Rights Directive to simplify its application in the digital space. This includes streamlining upfront information requirements for repeat in-app purchases and clarifying how consumers can cancel digital media subscriptions.

Most companies want to compete fairly and operate with legal certainty, without being undercut by those using manipulative tactics. By updating consumer law in a targeted, proportionate way, we are strengthening trust and providing businesses with clearer, more consistent rules across the Single Market.

Our message is simple: Europe already has a strong digital foundation. With the new Digital Fairness Act and the revised Consumer Protection Cooperation Regulation, we update our safety net consumer rules for the digital age.

***

EU Commissioner McGrath

As the Executive Vice-President has just laid out, the Digital Fairness Act, together with the update to the Consumer Protection Cooperation Regulation, represents the most significant reform of EU consumer protection rules in more than 20 years.

The digital economy has transformed how we shop, consume entertainment and access information.

Our existing consumer laws were developed before the rise of e-commerce, before the attention economy and before the sophisticated use of personal data became central to how businesses reach and persuade consumers.

So, today’s update builds on strong foundations of EU consumer law and our digital rulebook.

Our ambition is clear: more choice and control for consumers, simpler rules and fairer competition for businesses, and stronger enforcement to tackle infringements that cross borders.

When shopping online, consumers are being faced with practices designed to mislead, manipulate and exploit them.

  • They book a hotel or concert ticket – only to discover that the headline price does not tell the whole story, with hidden fees added along the way.
  • They sign up for a subscription – but find it deliberately difficult to cancel.
  • They follow influencers – without always realising what looks like a friendly recommendation is actually paid advertising.

And these techniques come at a financial cost: consumers are losing €10.3 billion per year.

This is happening at a time when households are already feeling the pressure of the cost of living.

Every euro matters. Consumers deserve to know what they are paying for – and to be in control of their choices.

The Digital Fairness Act will make sure the digital economy works for consumers, not against them.

The DFA will:

  • Prohibit manipulative design practices – such as dark patterns – that push consumers into making decisions against their own interests. Fake claims that a product is almost sold out will no longer have a place online;
  • It will give consumers the choice to turn off addictive features, such as endless scrolling and autoplay of videos;
  • Require influencers to disclose advertising and prohibit them from exploiting the trust of children;
  • Prohibit unfair personalisation practices such as advertising or pricing that targets minors or exploits vulnerabilities;
  • Ensure transparent pricing – including in the event ticket sector; when consumers wait in virtual queues, companies will have to show the current price in real time and the highest possible price;
  • The DFA will make digital contracts and subscriptions easier to cancel; consumers will now receive a reminder before a free trial is converted into a paid subscription, and an automatic renewal will be a conscious choice, not a forgotten obligation;
  • It will restrict unfair practices that encourage overspending, with children no longer be exposed to gambling-simulating loot boxes or mechanisms that pressure them to pay to progress in video games; and
  • When consumers really need help, they will be able to get meaningful assistance and reach a human being in customer service – not be left with a chatbot.

But today’s package isn’t just for consumers; it is about backing responsible businesses. Businesses that play by the rules should not be undercut by competitors who cut corners.

Our consumer protection rules will help ensure that businesses compete on the merits of their products and services – not on their ability to exploit consumers or evade the rules.

We are not making it harder to do business.

We are making it harder to do business unfairly.

But consumer rights are worth little if they cannot be enforced.

Today, when illegal commercial practices impact consumers across several Member States, cooperation between national authorities can be time consuming and ineffective.

This is why we are also proposing a revision of the Consumer Protection Cooperation Regulation – fulfilling another priority initiative in the ‘One Europe, One Market’ Roadmap.

The new enforcement reform will:

  • Speed-up cooperation between these authorities, setting timelines for key steps and improving how penalties are coordinated;
  • Give the Commission direct powers to investigate and issue fines in large-scale cases with a major impact on consumers across the Single Market, with fines of up to 6% of a company’s worldwide annual turnover; and
  • Strengthen enforcement against non-EU companies, by requiring them to appoint a legal representative in the EU.

Europe has built one of the strongest consumer protection frameworks in the world. But our rules cannot stand still while the world around us changes.

We cannot have 21st-century consumers protected by rules that have not kept pace with the 21st-century economy.

Our ambition is straightforward: whether consumers are shopping on high streets or shopping online, they deserve the same protection, the same transparency and the same ability to make informed choices.

And this is not about putting consumers and businesses on opposite sides.

We want a digital economy where consumers can trust the services they use and where responsible businesses can compete and innovate.

Source – EU Commission

 


Digital Fairness Act: Statement of Internal Market Committee Chair Anna Cavazzini

Brussels, 11 November 2026

Today, the EU Commission presented a major overhaul of EU consumer protection rules, responding to the rapid growth in recent years of e-commerce and digital markets. In a reaction to the announcement by the Commission about consumer protection initiatives on the Digital Fairness Act (DFA) and the revision of the consumer protection cooperation regulation (CPC), Anna Cavazzini (Greens/EFA, Germany), Chair of the Committee on the Internal Market and Consumer Protection issued the following statement:

“I welcome the European Commission’s move to update consumer law for the digital age which the Internal Market Committee has repeatedly demanded. It is a step forward that, in the future, contracts will be just as easy to cancel as they were to enter – with a single click. Influencers will be subject to clear rules when promoting products, and a notification before an automatic subscription renewal will protect consumers from getting stuck in an endless subscription trap.

“Unfortunately, the European Commission’s proposal for the Digital Fairness Act leaves loopholes around the effective protection of consumers from manipulation into unwanted purchases or addictive designs to encourage endless scrolling. MEPs will be able to address these outstanding issues in the upcoming committee negotiations on the proposal.”

Background

On 11 November, the European Commission presented a package on consumer protection laws, building on existing digital rules to strengthen consumer protection in the online world. The rules tackle unfair consumer practices, strengthen enforcement across the single market by empowering the Commission to directive investigate and issue fines. The aim is to better protect consumers and ensure fairer competition for businesses, which is expected to save consumers up to €13.7 billion a year.

The Digital Fairness Act proposal includes bans on manipulative marketing tactics like so called “dark patterns”. The rules set clear and transparent pricing, for example in virtual queues for concerts. The DFA provides consumers the option to turn off addictive design features, sets transparency obligations for influencer marketing and makes digital contracts and subscriptions easier to cancel for consumers.

The consumer protection coordination regulation will also be revised. It will provide the Commission new direct powers to investigate large-scale cases with a major impact on consumers, with fines of up to 6% of a company’s worldwide annual turnover. It also aims to strengthen enforcement against non-EU companies and speed up cross-border cooperation between authorities.

Further information

Source – EU Parliament

 

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