EU Unveils 'Digital Fairness Act' to Curb Dark Patterns, Influencer Ads and Addictive App Features

On Wednesday, the European Union's executive arm is set to present a package of consumer rules aimed at the parts of online life that many people have long found irritating or costly: the subscription that quietly keeps charging, the game that nudges a child toward spending, the post from an influencer that doesn't look like an ad. The package is called the Digital Fairness Act, and the details described here come from draft documents seen by AFP, so the final text could differ.

The proposal would give Brussels the power to fine companies up to six percent of their annual turnover in large-scale cases. Its backers point to the money at stake: official data showed that problematic digital practices cost individuals in Europe as much as 10.3 billion euros, about $11.5 billion, every year.

According to the drafts, the act would ban so-called dark patterns, meaning designs that trick users into purchases they didn't intend or into settings they never knowingly chose. It would tighten the rules on influencer marketing, requiring clear labels such as "advertisement" on promotional posts. Minors could no longer 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. Platforms would have to tell consumers when a free trial ends, stating the end date and what continuing will cost. Users who ask for a human customer service operator would be entitled to one. Shoppers would also see the full price before checkout, ending "drip pricing," where fees stay hidden until the last step. And platforms would have to let users switch off features described as addictive.

The EU already has laws on data protection, artificial intelligence and online content. Brussels and campaigners argue that gaps remain, leaving consumers exposed. EU consumer protection chief Michael McGrath has said the rules are meant to "step up our fight against unfair commercial practices," citing data that 97 percent of popular platforms use dark patterns.

Reaction from consumer groups has been largely welcoming. 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. Spanish lawmaker Laura Ballarin Cereza said the aim is a safer online space for everyone, children and adults alike, adding that consumer law is meant to act as a safety net that fills the gaps.

That framing responds to a broader question. Brussels has recently unveiled plans to ban children under 13 from social media and to force companies to make platforms safe for minors, on top of the sweeping rules already in place under the Digital Services Act. Some have asked whether the EU's digital rulebook is growing too large.

Others say the problem is not the number of rules but how they are applied. The European Commission has come under pressure from EU lawmakers and consumer advocates who accuse it of failing to enforce its online content and competition rules. The group Euroconsumers, which represents users' rights across several EU countries, put it directly: strong rules only matter if they are properly enforced.

The nonprofit 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 group had already raised concerns in September about financial influencers and misleading information.

Once the proposal is public, the questions will be whether the gaps critics describe get closed, and whether the Commission enforces the new rules more vigorously than it has been accused of enforcing the old ones.