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

EU's Digital Fairness Act draft reportedly bans fake scarcity and subscription traps

EU's Digital Fairness Act draft reportedly bans fake scarcity and subscription traps
Image: t3n

The draft would replace the 2005 unfair practices directive with a regulation for all 27 member states, possibly binding by 2030.

Source: t3n

The European Commission is expected to present a draft Digital Fairness Act (DFA) on Wednesday, t3n reports. Citing Euronews, which reported the main points before publication, t3n says the draft lists dark patterns in detail: designs that make signing up easy and canceling hard, prices and auto-renewal terms placed where they are hard to find, false scarcity notices at checkout, false claims about a product's popularity and artificial time and purchase pressure.

According to the reported draft, free trials could convert to paid subscriptions only with active consent, customers would be reminded before automatic renewal and could cancel at any time on short notice, and dynamic prices would have to be shown more transparently. The reported draft would also let users turn off potentially addictive features, including autoplay, streak rewards and chatbot features that simulate personal relationships.

The draft would also ban personalized advertising aimed at minors, bar loot boxes and pay-to-win mechanics for minors and require clearer influencer ad labels. According to t3n, the DFA is meant to replace the EU's 2005 directive on unfair commercial practices with a regulation, so the rules would apply directly in all 27 member states. Parliament and Council still have to negotiate it, and t3n says it could become binding for businesses by 2030 at the latest if they agree.

Read the full article at t3n

Our take

Low-stock badges, countdown timers and silent trial conversions are common conversion tools, and the reported draft names them as unfair practices across the whole EU, including for shops outside the DSA's scope.

  • Read the official text on Wednesday; these details come from a pre-publication report.
  • Audit cancellation, renewal reminders and dynamic price displays for EU customers.
  • Check whether any AI chatbot features could be read as simulating personal relationships.

Was our take useful?

Key takeaways

  1. Reported draft lists fake checkout scarcity and false popularity claims as dark patterns
  2. Reported draft would let free trials turn paid only with active consent, per t3n
  3. DFA would apply in all 27 EU states, possibly binding by 2030, t3n says

More on this topic

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

Developing storyUpdated Nov 10

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.