EU proposes Digital Fairness Act with fines up to 6% of revenue

Key facts

• The draft Digital Fairness Act would apply to any business offering services to EU consumers online.
• The Commission could fine violators up to 6% of global annual revenue, per the draft.
• The draft bans dark patterns and personalized pricing targeting vulnerable consumers, including minors.
• Subscriptions would need an easy cancellation route and a human available for after-sales support.
• The draft requires platforms to offer an opt-out from addictive features such as autoplay, for adults too.
• Tech lobby DOT Europe said existing rules already cover the practices and should not be duplicated.

The European Commission presented the Digital Fairness Act on November 10, 2026, a proposed law aimed at online practices it says exploit consumers, according to a draft obtained by POLITICO. The proposal would apply to any business offering services to EU consumers online and would let the Commission impose fines of up to 6% of global annual revenue for violations.

The draft bans deceptive design known as "dark patterns," such as bright-colored buttons placed prominently to prompt purchases, and targets personalized pricing aimed at vulnerable consumers, including minors. It also addresses dynamic pricing, where a seller adjusts prices based on demand or a user's location, requiring transparency when prices can change. Subscriptions would need an easy cancellation route, and a human would have to be available for after-sales support.

The proposal also covers "agentic commerce," where artificial intelligence agents find and complete purchases, and for the first time addresses online gaming, including a ban on games that let children pay to progress. It would require platforms to offer an opt-out from addictive features such as autoplay, applying to adults as well as minors.

Spanish socialist lawmaker Laura Ballarín Cereza said the opt-out should be the default: "Why should consumers carry the burden when companies deliberately design these addictive mechanisms?" Industry group DOT Europe's director general Ben Brake said existing rules already cover these practices and should not be regulated twice.