On the eve of a proposal from the European Union's executive, a familiar tension resurfaces: the digital world has grown faster than the rules meant to keep ordinary people from being quietly steered. The Digital Fairness Act, as described in drafts, would take aim at interface tricks, hidden fees, influencer persuasion and features engineered to hold attention, framing these not as novelties but as losses that add up to billions of euros a year. Whether the law becomes a true shield or remains a well-meant addition will depend on the gaps critics have already named and on the patience and cap
EU Moves to Give Users the Right to Switch Off 'Addictive' App Features and Ban Dark Patterns
Strong rules only matter if they are properly enforced.
Mark
What is the core idea here? The EU already has a lot of digital law.
Mimi
The Commission's argument is that the existing laws leave gaps. The Digital Fairness Act is consumer law aimed at tricks, hidden fees, influencer ads and features built to keep people scrolling or spending.
Mark
And the money involved is big.
Mimi
Official data put losses from problematic digital practices at 10.3 billion euros a year. Fines could reach six percent of annual turnover in large-scale cases.
Luke
Worth separating what's confirmed from what's drafted. All the specific measures come from draft documents seen by AFP. The final text could change.
Mark
What about the claim that 97 percent of popular platforms use dark patterns?
Luke
That's a figure McGrath cited from data. The report doesn't say who compiled it or how it defined a dark pattern, so I'd hold it loosely.
Mimi
Fair. But the practices themselves are concrete: hidden fees until checkout, trials that roll into charges, in-game currencies that obscure real prices.
Mark
Critics say it doesn't go far enough?
Mimi
Finance Watch says there are significant holes. Firms could still pay influencers to promote risky investments.
Luke
And enforcement is unresolved. The Commission has been accused of not enforcing its existing rules, so we don't yet know whether this act changes that.
Der Puls
- Brussels is moving to outlaw dark patterns, the subtle interface traps that push people toward purchases they never meant to make.
- Official figures tie these practices to roughly 10.3 billion euros in annual consumer losses, and the claim that 97 percent of popular platforms use them is sharpening the pressure.
- Fines of up to 6 percent of annual turnover are on the table, giving the Commission a serious lever against large firms.
- Critics warn that influencers could still be paid to promote risky investments, and that the rules are only as strong as their enforcement.
On the eve of a proposal from the European Union's executive, a familiar tension resurfaces: the digital world has grown faster than the rules meant to keep ordinary people from being quietly steered. The Digital Fairness Act, as described in drafts, would take aim at interface tricks, hidden fees, influencer persuasion and features engineered to hold attention, framing these not as novelties but as losses that add up to billions of euros a year. Whether the law becomes a true shield or remains a well-meant addition will depend on the gaps critics have already named and on the patience and capacity of those who must enforce it.
On Wednesday, the European Union's executive is expected to present the Digital Fairness Act, a consumer proposal aimed at practices that existing law, by its makers' account, leaves largely untouched. Draft documents describe bans on features that trick users, tighter rules for influencer marketing, and a right to switch off features built to be addictive.
The EU already regulates data, artificial intelligence and online content, but officials argue the gaps are real and that ordinary people are paying for them. Official estimates put losses from problematic digital practices at 10.3 billion euros a year, and large violators could face fines of up to six percent of turnover.
The draft is concrete in places. Influencer posts would need clear advertising labels. Minors could not be offered pay-to-win mechanics in games, and virtual currencies would have to show their real value. Free trials would require reminders before charges begin, users could ask for a human customer service agent, and full prices would have to appear before checkout rather than in hidden fees at the end.
The proposal arrives amid debate over how quickly Brussels is expanding its digital rulebook, including plans to restrict children's social media use. Supporters argue consumer law acts as a safety net for everyone, while the enforcement record of the Commission remains under scrutiny.
Some consumer and financial watchdogs say the text still has significant holes, especially around paid financial influencers. Because these details come from drafts, the final text may change. The real test will be whether the published rules close those gaps and whether regulators can make them work.
On Wednesday, the European Union's executive arm is set to unveil a proposal called the Digital Fairness Act, a set of consumer rules aimed at practices that Brussels and campaigners say existing law leaves largely untouched. According to draft documents seen by AFP, the package would ban features that trick users, tighten the rules on influencer marketing, and give people the right to switch off features designed to be addictive.
The EU already has laws covering data protection, artificial intelligence and online content. The argument behind the new act is that gaps remain, and that consumers pay for them. Official data cited in the reporting put the losses to individuals from "problematic" digital practices at 10.3 billion euros, or about $11.5 billion, a year. In large-scale cases, the Commission would be able to fine companies up to six percent of their annual turnover.
The draft contains several specific measures. It would ban "dark patterns," the practice of steering users into unwanted purchases or into settings they never knowingly chose. Influencer posts promoting brands would need clear labels such as "advertisement." Minors could not be offered "pay-to-win" or "pay-to-progress" features in games, and in-game virtual currencies would have to show their real-world value. When a free trial ends, platforms would have to remind users, stating the end date and what continuing will cost. Users could also demand access to a human customer service operator. And the EU wants the full price of an order visible before checkout, ending "drip pricing," where fees stay hidden until the last step.
Consumer protection chief Michael McGrath has said the rules are meant to "step up our fight against unfair commercial practices." He has pointed to data showing that 97 percent of popular platforms use dark patterns. Agustin Reyna of the European Consumer Organisation called the proposal a much-needed tool to give consumers back control over how much time and money they spend online.
The act arrives amid questions about how fast the EU's digital rulebook is growing. Brussels has recently unveiled plans to ban children under 13 from social media and to require companies to make platforms safe for minors, on top of the sweeping obligations already in place under the Digital Services Act. Spanish lawmaker Laura Ballarin Cereza answered that concern directly. She said the proposal aims at a safer online space for everyone, children and adults alike, and will fill the gaps because consumer law is meant to act as a safety net.
Enforcement is the other open question. The European Commission has faced pressure from EU lawmakers and consumer advocates who accuse it of failing to enforce its online content and competition rules. The Euroconsumers group, which represents users' rights across several EU countries, put it plainly: strong rules only matter if they are properly enforced.
Some groups also see holes in the text. Finance Watch said the dark patterns proposal goes in the right direction but lacks the ambition to protect consumers sufficiently in financial services. It warned of "significant holes" in the draft, noting that firms could still pay influencers to promote risky investments. The NGO had already raised concerns in September about financial influencers and misleading information.
The details described here come from drafts, so the final proposal Wednesday may differ. What to watch is whether the published text closes the gaps critics have flagged, and whether the Commission can enforce it once it is in place.
Bemerkenswerte Zitate
The proposal is a much-needed tool to give consumers back control of how much time and money they spend online.— Agustin Reyna, European Consumer Organisation
Firms could still pay influencers to promote risky investments.— Finance Watch
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