The European Commission is set to propose a sweeping new law that would ban ten manipulative online design tricks, according to a draft of the Digital Fairness Act seen by Euronews. The proposal, expected to be presented on Wednesday, targets the so-called dark patterns that nudge users into clicking, spending, or staying subscribed against their better judgment.
The draft would replace the EU's 2005 Unfair Commercial Practices Directive with a directly applicable regulation across all 27 member states. It introduces a blacklist of practices deemed unfair in all circumstances, removing the need for authorities to prove harm on a case-by-case basis. The list includes fake countdown timers, hidden subscription traps, and misleading 'was/now' discounts.
What would be banned?
Among the ten banned practices are false claims of limited stock, pre-ticked boxes for additional products, and persistent pop-ups that obstruct navigation. The draft also outlaws drip pricing, where unavoidable fees only appear at checkout, and prohibits discounts calculated against a manufacturer's recommended price rather than a competitor's actual price. Dropshippers would face restrictions on misleading delivery claims.
For children, the rules go further: paid loot boxes and pay-to-win mechanics in video games would be prohibited for minors. In-game currencies would have to display their real-money value and be disabled by default for children unless a parent approves. Profiling-based advertising aimed at minors would be banned for all traders, not just the large platforms already covered by the Digital Services Act.
All users would gain the right to turn off autoplay, irrelevant notifications, streak-style rewards, and chatbot features designed to simulate relationships. Free trials could no longer roll into paid subscriptions without explicit consent, and customers would receive reminders before automatic renewals. The draft also guarantees the right to speak to a human in customer service.
In a first for EU consumer law, the regulation sets rules for AI shopping agents. Users would decide which purchases require their approval, and agents would have to disclose sponsored suggestions. The Commission estimates the rules would save consumers €88.4 billion in financial losses between 2025 and 2035, with annual benefits of €13.7 billion including time saved, against recurring business costs of €678 million.
The proposal includes a mechanism for the Commission to add new dark patterns to the list without returning to lawmakers. Fines for violations could reach 6% of a company's global turnover.
Resistance from Berlin
The draft already faces pushback from Germany. In a non-paper dated 14 October, reported by Agence Europe, the German government argued that existing consumer directives should be amended rather than creating a new horizontal law. Berlin also said the case for converting the Unfair Commercial Practices Directive into a regulation 'has not yet been sufficiently demonstrated'.
Consumer Commissioner Michael McGrath, who is steering the file, has sought to reassure industry that the rules are proportionate. The regulation would apply 12 months after entering into force, but first must be agreed by the European Parliament and member states.
The move aligns with broader European efforts to curb addictive design, such as the Dutch bill targeting addictive design. It also complements the EU's push to bolster its digital sovereignty, including the €525 million platform for chip design start-ups.
