EU Proposes Digital Fairness Act to Curb E-Commerce 'Dark Patterns'

The European Union Commission has introduced the Digital Fairness Act (DFA), a sweeping proposal designed to eliminate practices that exploit online consumers into spending more time and money. According to reporting from The Verge, the act specifically targets "dark patterns"—manipulative marketing tactics such as fake claims regarding low product availability—that push users toward decisions they might not otherwise make.

For e-commerce and digital operators, the DFA introduces several strict requirements. The proposal seeks to ban misleading pricing, mandate transparent pricing for dynamic models and virtual currencies, and require that subscription cancellations be made easier. Additionally, the act would force companies to provide prompts reminding customers of ending free trials or upcoming automatic renewals. The EU Commission estimates these measures could save consumers up to €13.7 billion ($15.1 billion) annually.

Beyond retail, the act targets addictive design features. The Verge reports that the DFA would require options to disable endless scrolling, autoplay videos, and persistent prompts, with similar restrictions applying to general conversational chatbots and AI companions. Influencers would also be required to clearly disclose advertising content.

EU Commissioner Michael McGrath stated that the goal is to ensure businesses compete on the merits of their services rather than their ability to exploit consumers. While some gaming organizations have criticized the rules regarding loot boxes and micro-transactions as "unjustified" and "unworkable," the EU Commission warned that violators could face fines reaching six percent of their worldwide annual turnover. The DFA currently remains a draft and must undergo approval by the Council of the European Union and the European Parliament.