The European Commission is about to present the Digital Fairness Act, a proposal for new rules on how businesses sell to consumers online. It covers things that are common in e-commerce: countdowns and stock messages, fees at checkout, subscriptions, influencer collaborations and personalised offers.
As of 7 November 2026. The proposal has not been published. We separate what the Commission’s evaluation found, what the Commission is to assess, what is being reported and what nobody knows yet. We will update the article once the proposal is published. This is a summary, not legal advice.
What is the Digital Fairness Act?
A forthcoming EU proposal to strengthen consumer protection online. According to the Commission’s summary, it aims to tackle:
- unfair commercial practices related to dark patterns, meaning design that can lead customers to take decisions they would not otherwise have taken
- misleading marketing by influencers
- addictive design of digital products
- unfair personalisation practices
The initiative also aims to ensure a level playing field for online traders, facilitate enforcement and introduce potential simplification. The Commissioner in charge is Michael McGrath. The Commission’s 2026 work programme lists the DFA as a legislative proposal based on Article 114 of the Treaty on the Functioning of the European Union, the internal market article.
Why does the EU want new rules?
The Commission’s evaluation of 3 October 2024 covered the directives on unfair commercial practices (2005/29/EC), consumer rights (2011/83/EU) and unfair contract terms (93/13/EEC). It concluded that the rules remain relevant and necessary, but have only partly achieved their objectives in the digital environment.
The Commission estimated consumers’ financial harm from problems online at EUR 7.9 billion per year, a conservative estimate that does not include lost time or non-financial harm. The harm was highest among younger consumers.
A representative survey of 10,000 consumers in ten EU countries, Sweden among them, found among other things:
| What consumers had encountered | Share |
|---|---|
| Claims that a product was low in stock or in high demand, without being able to tell if they were true | 66 per cent |
| Claims that an offer was only available for a limited time, without being able to tell if they were true | 61 per cent |
| Content that seemed to be paid advertising without this being made clear | 45 per cent |
| A design that made cancelling the subscription very difficult | 40 per cent |
| A final price higher than the one first advertised, so they paid more than planned | 32 per cent |
| A free trial often extended automatically into a paid subscription | 29 per cent |
According to the evaluation’s annex, most questions also count the answer “sometimes”, and some questions were only put to some of the respondents.
The authorities’ checks point the same way. When EU consumer authorities checked online stores in 2022, nearly 40 per cent had at least one dark pattern, such as fake countdown timers, hidden information or choices designed to push one option. In a check in 2024, only 20 per cent of influencers systematically disclosed that their content was advertising.
For businesses, the regulatory burden was modest to the extent it could be quantified: 10 to 18 per cent of traders reported high compliance costs. The scope for simplification was judged limited, mainly in information requirements and the right of withdrawal.
What is the proposal expected to contain?
Only the Commission knows. Here is what it has said it will assess, what is being reported and what is not known.
What the Commission has said it will assess
In its call for evidence ahead of the proposal (17 July 2025), the Commission wrote that an impact assessment would examine, among other things, whether targeted prohibitions are needed, for example with respect to:
- Dark patterns and other techniques that pressure, deceive or manipulate consumers online.
- Addictive design that leads consumers, particularly minors, to spend excessive time and money.
- Video games and other digital products with problematic features, in particular for minors.
- Personalisation, including where consumer vulnerabilities are targeted for personalised advertising and pricing.
- Influencers: undisclosed advertising, the promotion of harmful products and the responsibilities of the companies that work with them.
- Prices: drip pricing, “starting from” prices where the trader applies dynamic pricing, and percentage or value discounts that mislead.
- Digital contracts: difficult subscription cancellations, auto-renewals, free trials converted into paid subscriptions and chatbots in customer service.
The protection of minors is to be a key, cross-cutting priority. The impact assessment could also look at simplification, for example of information requirements in repeat purchases, such as in-app purchases, and of the right of withdrawal for certain subscription services. Both content and timing are subject to change, the Commission wrote.
What is reported but not confirmed
- The date: the news service MLex, the Austrian Economic Chambers (WKO) and the law firm CMS say the proposal will be presented on 11 November 2026. The Commission has not confirmed this.
- The form: according to MLex (3 November 2026), a regulation is expected, which applies directly in every Member State, whereas a directive has to be transposed into national law. The Commission’s consultation page currently says “proposal for a directive”, and the call for evidence from July 2025 said “directive or regulation”.
- Enforcement: according to MLex, a reform will come at the same time that would allow the Commission to take on certain cases, under powers shared with national authorities. According to the European Parliamentary Research Service (EPRS), a review of the Consumer Protection Cooperation Regulation is expected in the fourth quarter of 2026.
What is not known
- The form. EPRS wrote in October 2026 that it is not yet known.
- What will be banned outright and what will still be assessed case by case.
- Which businesses will be covered and whether smaller businesses will get exemptions.
- Whether the DFA will amend the three directives or be a standalone act, which CMS writes is not confirmed.
- When the rules would start to apply.
When is the proposal coming, and when could the rules apply?
The proposal is expected in mid-November 2026, according to the European Parliament. The timetable has already moved: the call for evidence from July 2025 said the third quarter of 2026, the work programme the fourth quarter.
| Date | What happened | Source |
|---|---|---|
| 3 October 2024 | The Commission publishes its evaluation of consumer law online | Commission |
| 17 July to 24 October 2025 | Call for evidence and public consultation on the Digital Fairness Act | Commission |
| 21 October 2025 | The 2026 work programme lists the DFA as a legislative proposal, fourth quarter of 2026 | Commission |
| 26 February 2026 | The Council welcomes the initiative but wants to avoid overlapping rules | European Parliament |
| September 2026 | Ursula von der Leyen announces the proposal for the autumn in her State of the Union speech | EPRS |
| 29 September 2026 | The DFA is tentatively listed for the Commission’s meeting on 11 November | MLex, unconfirmed |
| 25 October 2026 | The European Parliament’s tracker: the proposal is expected in mid-November | European Parliament |
| 3 November 2026 | The proposal is to be presented on 11 November, together with an enforcement reform | MLex, unconfirmed |
A proposal only becomes law once the European Parliament and the Council have adopted it under the ordinary legislative procedure, and a directive must then also be transposed into national law. CMS does not currently expect the DFA to be in force before the end of 2028. That is a law firm’s assessment, not a decision.
Are dark patterns already banned?
Partly. The directive on unfair commercial practices does not use the term dark pattern but also applies online, so some dark patterns may already qualify as misleading or aggressive commercial practices. They do, however, have to be assessed case by case, EPRS writes.
The EU’s Digital Services Act (DSA) also bans online interfaces that deceive or manipulate users. According to EPRS, this ban does not apply to small and micro enterprises, search engines, certain traders and some digital services, such as some video games.
Traders must also already tell consumers when a price has been personalised on the basis of automated decision-making, according to EPRS. The EU directives on consumer rights and unfair contract terms do not, however, give a general right to cancel an online subscription as easily as it was taken out.
What could it mean for your business?
Our assessment is that most of it, if it comes, is about the checkout, the price information, the cancellation flow and the marketing. Exactly what will be required, we will only know once the proposal exists.
Online stores
Several of the practices are common. In the EU check of Black Friday and Cyber Monday that the Commission published on 26 March 2026, 30 per cent of 314 online traders presented discounts incorrectly. 18 per cent used pressure-selling techniques, such as claims that a product is running out or countdown timers, and 10 per cent used drip pricing, adding fees late in the purchase.
If your online store uses prices that change with demand, personalised discounts or a chatbot in customer service, we would review those parts first, since the Commission mentions them.
Local businesses with bookings and memberships
For a salon, a gym or a restaurant that takes bookings and payments online, the same questions apply on a smaller scale: the booking flow, the prices and memberships that renew automatically. The Commission mentions “starting from” prices where the trader applies dynamic pricing. A fixed “from” price for a service, which we recommend in Prices on the website, or not?, is something different in our reading, but the lowest price should be actually bookable.
Influencers and the businesses that hire them
According to EPRS, the division of responsibilities between the influencer, the brand, the agency and the platform is not always clear. France and Italy already have their own rules, according to CMS, and the European Parliament has called for an EU code of conduct for influencers.
Today, the recipient must understand that a post is paid for even at a fleeting glance, according to the Swedish Consumer Agency (Konsumentverket), and a business cannot contract its responsibility away to the people it hires. For serious breaches, the administrative fine can be up to four per cent of the business’s annual turnover.
Subscriptions and free trials
Here the Commission’s call for evidence is specific: difficult cancellations, auto-renewals and free trials that become paid are named explicitly. At the same time, the impact assessment could look at relief in the right of withdrawal for certain subscription services, but which ones is not known.
What do Swedish organisations think?
Opinions are divided, in Sweden as in the rest of the EU.
- The Swedish government, July 2025: Erik Slottner, Minister for Public Administration, wrote in two answers to the Riksdag in July 2025 that a Digital Fairness Act was expected during 2026 and that the Marketing Practices Act already applies to marketing in digital channels. We have not found any later Swedish position on the content.
- The Swedish Trade Federation (Svensk Handel) (September 2025) supports the aim but writes that today’s rules already give strong protection and that simplification must be a guiding principle.
- The Confederation of Swedish Enterprise (Svenskt Näringsliv) (October 2025) wants to improve consumer protection without new legislation, including through a review of the Consumer Protection Cooperation Regulation. It does not want to undermine the EU Court of Justice’s concept of the average consumer or redefine the vulnerable consumer in law, and wants to avoid a reversal of the burden of proof.
- The Swedish Internet Foundation (Internetstiftelsen) (October 2025) welcomes the initiative and wants, among other things, clearer responsibility for design decisions and algorithmic personalisation, stronger protection for children and young people and coordination with the DSA and DMA.
- The Swedish Consumer Agency: we have not found any position on the Digital Fairness Act.
The call for evidence received 4,325 feedback submissions, according to the Commission’s consultation page. According to EPRS, numerous industry associations asked the Commission in March 2026 to pause and reset the DFA’s trajectory, arguing that better enforcement of existing rules should take priority over new requirements. Consumer organisations such as BEUC want new binding rules instead, for example addictive design disabled by default. In the D9+, an informal group of 13 digitally advanced EU countries that includes Sweden, 14 ministers called in June 2026 for an evidence-based and targeted approach. We have not checked which ministers signed.
What can you do now?
Start with what already applies. Our assessment is that businesses with the points below in order will have less to change when the DFA arrives.
We help you with your online store
We build online stores on Shopify and websites for local businesses, and we can go through the checkout, price information and cancellation flow with you. Legal assessments are a matter for a lawyer. Get in touch, or read how we build e-commerce (page in Swedish).
Frequently asked questions
What is the Digital Fairness Act?
A forthcoming legislative proposal from the European Commission to strengthen consumer protection online. According to the Commission, it is to tackle dark patterns, misleading marketing by influencers, addictive design and unfair personalisation.
When is the Digital Fairness Act coming?
The Commission’s proposal is expected in mid-November 2026 according to the European Parliament, and tentatively on 11 November according to MLex. After that, the European Parliament and the Council have to negotiate. The law firm CMS does not expect the rules to be in force before the end of 2028. As of 7 November 2026.
Will the Digital Fairness Act be a regulation or a directive?
That is not confirmed. The Commission’s call for evidence from July 2025 says directive or regulation, and the Commission’s consultation page currently says proposal for a directive. According to MLex (3 November 2026), a regulation is expected instead. The European Parliamentary Research Service wrote in October 2026 that the form is not yet known.
Will the Digital Fairness Act apply to smaller businesses?
Nobody knows until the proposal is published. In Sweden, the Marketing Practices Act already applies to businesses marketing to consumers, including in digital channels. The ban on deceptive interfaces in the EU’s Digital Services Act (DSA), on the other hand, does not apply to small and micro enterprises, according to the European Parliamentary Research Service.
Are dark patterns banned today?
Partly. According to the European Parliamentary Research Service, some dark patterns may already qualify as misleading or aggressive commercial practices under EU consumer law, but they are assessed case by case. The DSA also bans deceptive interfaces, with exemptions for small and micro enterprises, among others.
What does the Digital Fairness Act mean for influencers?
The Commission wants to assess rules against undisclosed advertising and the promotion of harmful products, and to clarify the responsibility of the businesses that work with influencers. Advertising must already be clearly identifiable today, and according to the Swedish Consumer Agency, businesses cannot contract their responsibility away to the people they hire.
Do I need to change anything in my online store now?
Not because of the DFA, since nothing has been decided. But some rules already apply: total prices including VAT, the 30-day rule for price reductions, the withdrawal function since 19 June 2026 and clear ad disclosure. Our assessment is that truthful stock and time claims and an easy cancellation flow are worth having in place whatever the proposal contains.
Sources
All web pages and documents read on 7 November 2026. The information from MLex, WKO and CMS is third-party information, not statements from the Commission.
- European Commission
- Fitness Check of EU consumer law on digital fairness, SWD(2024) 230 final, 3 October 2024, PDF (the three directives, the conclusion that the rules only partly achieve their objectives, EUR 7.9 billion per year as a conservative estimate, younger consumers, the survey of 10,000 consumers in ten countries including Sweden, the figures in the table and how answers are counted in Annex VI, the 2022 and 2024 checks, the regulatory burden and the scope for simplification)
- Call for evidence for an impact assessment: Digital Fairness Act, Ares(2025)5829481, 17 July 2025, PDF (Michael McGrath, the areas to be assessed, targeted prohibitions, minors as a cross-cutting priority, simplification, “Directive or Regulation”, third quarter of 2026, that the figure excludes lost time and other harm, that content and timing are subject to change)
- Digital Fairness Act, Have your say, initiative 14622 (the Commission’s summary, type of act “Proposal for a directive”, call for evidence and consultation from 17 July to 24 October 2025, 4,325 feedback submissions on the call for evidence, adoption planned for the fourth quarter of 2026)
- Review of EU consumer law (the evaluation and the areas for the Digital Fairness Act)
- 2026 Commission work programme and annexes, COM(2025) 870, 21 October 2025 (Annex I, item 30: Digital Fairness Act, legislative, Article 114, fourth quarter of 2026)
- 2030 Consumer Agenda, 19 November 2025 (the DFA to be proposed in 2026)
- EU check reveals misleading sales practices online, 26 March 2026 (314 online traders, 30, 18 and 10 per cent)
- European Parliament
- Digital Fairness Act, Legislative Train Schedule, Maria Niestadt, updated 25 October 2026 (fourth quarter of 2026, mid-November, the consultation, Council conclusions of 26 February 2026)
- Towards a digital fairness act, EPRS, David Ashton and Maria Niestadt, October 2026, PDF (the State of the Union speech, form not yet known, dark patterns partly already banned, the DSA exemptions, no general right to cancel as easily, personalised prices, responsibilities in influencer marketing, Parliament’s call for a code of conduct, industry and consumer organisation positions, D9+, the review of consumer protection cooperation)
- EU Treaty
- Treaty on the Functioning of the European Union, Article 114 and Article 288, EUR-Lex (ordinary legislative procedure, the difference between a regulation and a directive)
- Reports and assessments
- EU Digital Fairness Act on consumer protection tentatively eyed for November, MLex, Júlia Tar and Matthew Newman, 23 September 2026. Third-party report (November, stronger Commission powers in major cross-border cases)
- Digital Fairness, Quantum acts appear on EU Commission’s November agenda, MLex, 29 September 2026. Third-party report (tentatively the meeting on 11 November, the schedule can change)
- Tech companies to see reform of EU consumer-enforcement structure, MLex, Sara Brandstätter, 3 November 2026. Third-party report (11 November together with the enforcement reform, powers shared with national authorities, expected to be a regulation according to MLex)
- AIG Newsletter 5 October 2026, WKO, Austria. Third-party information citing the Commission’s list of possible agenda items: a consumer package with the DFA on 11 November
- Inside the EU’s planned Digital Fairness Act: digital design, subscription traps, and influencer marketing, CMS via LexGO, 20 October 2026 (proposal expected on 11 November 2026, not in force before the end of 2028 at the earliest, not confirmed whether a standalone act or amendments, France and Italy)
- Sweden
- Answer to question 2024/25:1283 on transparency and ethics in personalised marketing, Erik Slottner, Minister for Public Administration, 15 July 2025, and answer to question 2024/25:1263 on consumer protection in an AI-driven market, 2 July 2025, both in Swedish (the DFA expected during 2026, the Marketing Practices Act applies to digital channels and data-driven personalised marketing)
- Samråd inför framtagandet av Digital Fairness Act, Svensk Handel, 1 September 2025, in Swedish
- Comments on the Call for Evidence on the Digital Fairness Act, Confederation of Swedish Enterprise, 21 October 2025, PDF
- Internetstiftelsens synpunkter på Rättsakten om digital rättvisa, Swedish Internet Foundation, 24 October 2025, PDF in Swedish
- Influencers och reklaminlägg, regler för företag, Swedish Consumer Agency, reviewed 4 September 2026, in Swedish (disclosure at a fleeting glance, responsibility cannot be contracted away, administrative fine)
- Prisinformation, regler för företag, Swedish Consumer Agency, reviewed 15 September 2026, in Swedish (total price including VAT as the main rule, lowest price in the past 30 days)
- Lagändring gör det enklare att ångra köp på nätet, Swedish Consumer Agency, 8 June 2026, in Swedish (the withdrawal function from 19 June 2026, automatic acknowledgement of receipt)