The European Commission plans to present the Digital Fairness Act (DFA) at the College of Commissioners meeting on Wednesday 11 November 2026, according to its indicative planning as of October 2026. The proposal is expected to target dark patterns, addictive design, subscription traps, unfair personalisation and pricing, and influencer marketing. The date can still move, and no legal text had been published as of 28 October 2026.

When the proposal is due

The Commission's list of possible agenda items, published on 29 September 2026, places a "Consumer package" on 11 November: the DFA plus a consumer enforcement initiative, as MLex reported that day. The slot was still there in late October, according to Eunews, with Executive Vice-President Henna Virkkunen and Commissioner Michael McGrath, who leads on consumer protection, as the responsible Commissioners.

The date is tentative: the schedule is indicative and the Commission President can change it. The file has slipped before: the July 2025 call for evidence targeted the third quarter of 2026, while the 2026 work programme lists the fourth, as the European Parliament's Legislative Train notes. No presentation time had been announced as of 28 October 2026; Commission press conferences stream live on Europe by Satellite (EbS).

What the Digital Fairness Act is expected to cover

The call for evidence of 17 July 2025 says the impact assessment would weigh the need for targeted prohibitions in seven areas:

  • Dark patterns: interfaces that pressure, deceive or manipulate consumers.
  • Addictive design: features that lead consumers, particularly minors, to spend excessive time and money.
  • Video games and other digital products: problematic features, especially for minors.
  • Personalisation: advertising and pricing that targets consumer vulnerabilities.
  • Influencers: undisclosed advertising, promotion of harmful products and the role of brands that hire them.
  • Pricing practices: drip pricing, "starting from" prices, dynamic pricing and misleading discounts.
  • Digital contracts: hard-to-cancel subscriptions, auto-renewals, free trials that turn into paid plans, and chatbot customer service.

The legal basis is Article 114 TFEU; the choice between a directive and a regulation has not been announced. IAPP reported on 22 October 2026 that McGrath has also mentioned unfair ticketing for live events.

Why the Commission wants new rules

The Digital Fairness Fitness Check of 3 October 2024 found the directives on unfair commercial practices, consumer rights and unfair contract terms still relevant but not adapted to many online practices. It put the financial harm to consumers at no less than €7.9 billion a year, excluding lost time and non-financial harm.

The public consultation (17 July to 24 October 2025) drew 3,341 responses and the call for evidence 4,325, according to the Commission's factual summary report of December 2025. Excluding a 1,594-response campaign, 72% of respondents backed new binding rules on dark patterns; large companies were far less supportive. The Commission stresses the replies are not a representative sample.

Industry associations asked in March 2026 to "pause and reset" the file, while consumer groups called for binding rules, the Parliament's research service notes. CCIA Europe said on 21 October 2026 that the DSA, the GDPR and current consumer directives already cover much of this.

The KIDS Act and the enforcement half of the package

The separate EU KIDS Act, proposed on 17 September 2026, covers age checks, social media accounts for under-15s and addictive features in services used by minors (see our guide to social media age limits in Europe). The DFA is general consumer law, though the call for evidence makes protecting minors a cross-cutting priority.

On enforcement, McGrath told MEPs on 7 May 2026 that the DFA and a revision of the Consumer Protection Cooperation (CPC) Regulation would likely come as one package, the revision weighing direct EU-level enforcement in some cases, Agence Europe reported. In an opinion adopted on 21 October 2026, the European Economic and Social Committee supported a stronger CPC system, possibly with centralised enforcement powers for some widespread cross-border infringements.

What happens after 11 November

If the College adopts it, the proposal goes to the European Parliament and the Council under the ordinary legislative procedure. Two Dublin events follow, as of October 2026:

Law firm CMS does not expect the DFA to be in force before the end of 2028 at the earliest. See also our preview of the Commission's 2027 work programme and our Digital Markets section.

Frequently asked questions

Has the Digital Fairness Act been adopted?

Not as of 28 October 2026. Even after the College adopts the proposal, Parliament and the Council must agree a final text before it becomes law.

Will the Digital Fairness Act ban dark patterns?

The Commission is examining targeted prohibitions on dark patterns and other manipulative techniques; the exact list will only be known when the proposal is published.

Does the DFA replace existing EU consumer law?

It is meant to close gaps alongside the DSA, the DMA and the AI Act. CMS notes it is unclear whether it will be a standalone act or amend the current consumer directives.