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Developing story: EU's Digital Fairness Act and the crackdown on dark patterns

EU proposes Digital Fairness Act banning dark patterns, with fines up to 6% of revenue

EU proposes Digital Fairness Act banning dark patterns, with fines up to 6% of revenue
Image: Engadget

The draft targets hard-to-cancel subscriptions, unclear pricing and personalized ads and prices aimed at minors, and would give the Commission direct enforcement powers.

Source: Engadget

The European Commission released a proposal for the Digital Fairness Act (DFA), a new set of consumer protection rules, Engadget reported, citing a Commission news release. The proposal would ban dark patterns, end subscription traps that are difficult to cancel, require clear online pricing for cultural and sports events and let consumers turn off addictive design features that encourage excessive or compulsive spending. According to the draft, companies in breach could face fines of up to 6% of their annual global revenue.

The act would also restrict practices that push minors to overspend, such as pay-to-win loot boxes and persistent prompts, and would take on unfair personalized ads and prices aimed at minors. Influencers and content creators would have to be transparent about commercial content. "We are not making it harder to do business, we are making it harder to do business unfairly," EU justice chief Michael McGrath said.

The Commission also proposed shifting enforcement toward a more centralized system, with direct powers to investigate large-scale cases with a major consumer impact and stronger enforcement against non-EU companies. Engadget said the move could be seen as an attempt to replace a patchwork of national enforcement and to tilt power away from Ireland, which hosts Apple, Google, Meta and Microsoft.

Read the full article at Engadget

Our take

The proposal reaches checkout design, cancellation flows, price display, personalization and influencer deals, and penalties scale with global revenue for anyone selling into the EU.

  • Audit subscription cancellation and urgency or scarcity prompts against the dark-pattern bans.
  • Review how personalized pricing and ads treat minors, and how creator partnerships disclose paid content.
  • Watch for a timeline: the report gives no date for when the rules would apply.

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Key takeaways

  1. EU's draft Digital Fairness Act allows fines up to 6% of annual global revenue
  2. Draft would ban dark patterns and end subscription traps, Engadget reports
  3. Commission would gain direct powers to investigate large cases, with stronger enforcement against non-EU companies

More on this topic

Illustration for EU's Digital Fairness Act and the crackdown on dark patterns
Illustration: Digital Influence

Developing story2 postsUpdated Nov 11

EU's Digital Fairness Act and the crackdown on dark patterns

The European Commission is expected to present a Digital Fairness Act that, according to a Euronews report cited by t3n, bans dark patterns such as fake checkout scarcity and subscription traps.