TL;DR
- The European Commission presented the Digital Fairness Act proposal on 11 November 2026 (IP/26/2407), with a Consumer Protection Cooperation Regulation revision and a simplification directive.
- Under the proposed Consumer Protection Cooperation revision the Commission could fine up to 6% of worldwide annual turnover where a breach likely hits two-thirds of Member States and population and the firm is not an SME.
- The DFA would extend the DSA's bans on personalised ads to minors and on sensitive-data targeting from online platforms to all websites and apps.
- Non-EU companies would have to appoint an EU legal representative. The texts now go to the European Parliament and Council and the draft DFA Regulation would apply 12 months after entry into force, so there is no calendar date yet.
The European Commission proposed a Digital Fairness Act on 11 November 2026 that would ban manipulative "dark patterns", require clear influencer disclosure, extend limits on personalised ads for minors and on sensitive data to all websites and apps, and let the Commission itself fine companies up to 6% of worldwide annual turnover in large cross-border cases. It is a proposal, not law. The Commission's press release (IP/26/2407) says the texts "will now be discussed by the European Parliament and Council", and nothing in them applies to businesses yet.
The package has three parts: the Digital Fairness Act (DFA) proposal itself, a revision of the Consumer Protection Cooperation Regulation that handles enforcement, and a simplification directive with targeted amendments to the Consumer Rights Directive. The Commission describes the DFA as a major update of EU consumer protection rules so that consumers get the same level of protection online as offline, and says the measures together are expected to save EU consumers up to EUR 13.7 billion a year.
What the Commission proposed on 11 November 2026
The press release lists the "key novelties" of the DFA proposal. A companion Questions and Answers document (QANDA/26/2408), published the same day, adds detail on how each would work. Everything below is described by the Commission as proposed, and each point could change in negotiation.
A ban on dark patterns
The DFA would ban manipulative marketing tactics that push consumers into decisions they would not otherwise make. According to the Q&A, it does this by updating the "blacklist" of practices banned in all circumstances. The Commission's examples are:
- Fake claims that a product or service is running out, such as "Only 1 left" or "5 other customers are interested in this!"
- Practices that shame consumers for not choosing what benefits the business, such as "We're sad to see you go" or a button reading "I don't like good deals" to unsubscribe from a mailing list.
- Default options consumers have to reject, such as pre-ticked boxes or extra items added to the basket automatically.
Pricing rules
The proposal targets dynamic pricing, drip pricing and misleading price comparisons. Companies would have to show the full price from the start, including additional fees, taxes and charges, which the Q&A says would effectively ban drip pricing. In virtual queues, companies would have to show the current price in real time and the highest possible price. Prices bought with virtual in-app currencies would have to be shown in real money, and for minors those currencies would be turned off by default. Event ticket resellers would have to show the original ticket's total price and, where relevant, the ticket type, row and seat number.
Addictive design and features aimed at minors
Under "fairness by design", consumers could turn off features that encourage excessive or compulsive use, with autoplay of videos and notifications unrelated to the consumer's activity given as examples. The DFA would ban gambling-like features for minors, naming loot boxes, pay-to-win and pay-to-progress.
Influencer marketing
Influencers would have to disclose clearly when they are paid to promote a product, rather than presenting sponsored content as personal advice. They could not promote products that cannot legally be advertised, products that are dangerous, or products presented as suitable for minors when they are not. The Q&A adds that "brands and agencies will have to ensure that influencers comply with their obligations."
Personalised ads and prices
This is the part most directly about ad targeting. The Q&A explains that the Digital Services Act (DSA) currently bans online platforms from showing minors personalised advertising and from targeting people based on sensitive data, such as health or ethnic origin. "The DFA will extend these bans to all websites and apps." Companies would also be banned from presenting higher personalised prices to minors or vulnerable consumers.
Subscriptions, customer service and AI agents
Digital contracts would need a simple, unambiguous cancellation option. Consumers would get clearer information before free trials end or subscriptions renew automatically, and a free trial could not become a paid contract without active confirmation. Consumers would have a right to reach human customer service when problems arise in an ongoing contract and other means are not effective. The press release also says consumers would have clear rights when using an AI agent to buy products on their behalf, though neither the press release nor the Q&A spells out what those rights are.
Enforcement: Commission fines of up to 6% of turnover
The revised Consumer Protection Cooperation Regulation would give the Commission direct powers to investigate and fine. Today the Commission cannot directly enforce EU consumer rules. It facilitates coordinated action by national authorities, and the press release says the Consumer Protection Cooperation Network has run more than 30 coordinated enforcement actions since the Regulation started applying in 2020.
Key enforcement terms in the proposal are set out below, taken from the press release and the Q&A.
| Proposed measure | What the Commission's documents say |
|---|---|
| Direct Commission enforcement | Power to investigate and fine in large-scale cases, with fines up to 6% of worldwide annual turnover |
| When the Commission can step in | Breach likely to affect consumers in at least two-thirds of Member States, representing at least two-thirds of the EU population, by a company that is not an SME |
| National authorities | Must stop investigating a case once the Commission opens proceedings on it; new timelines for cross-border cooperation |
| Non-EU companies | Must appoint a legal representative in the EU to cooperate with national authorities and the Commission |
| Legal form of the rules | Unfair Commercial Practices Directive turned into a Regulation, directly applicable in all Member States |
The last row matters for planning. A directive has to be written into each country's national law, which has produced different rules in different Member States. A regulation applies directly. The Commission presents this as simplification that reduces fragmentation and saves businesses the cost of navigating different national rules.
How the DFA fits with the DSA, DMA and AI Act
The Q&A positions the DFA as a "safety net" that fills gaps found in the Commission's 2024 Digital Fairness Fitness Check. The main difference from the DSA is scope. "The DSA applies only to online platforms, while the DFA would apply to all companies engaging in business-to-consumer commercial practices." A brand's own website, app or online store would be covered, not only the marketplaces and social networks it advertises on.
The DFA also builds on the separate EU KIDS Act proposal, which deals with minors' privacy, safety and security, including a phased approach to social media accounts. The DFA is focused on consumers' economic interests and covers all ages. The Q&A describes the DMA, which places obligations on a small number of very large gatekeeper platforms, and the AI Act, which sets risk-based rules for AI, as separate parts of the same digital rulebook.
What the proposal does not settle yet
Several things a marketer would want to know are not in the press release or the Q&A:
- There is no calendar application date. The draft DFA Regulation published with the press release says it would apply 12 months after entry into force, and the proposals first go to the European Parliament and Council, so the final text, and when it applies, depends on that process.
- The press release and Q&A do not define how a "vulnerable consumer" would be identified for the personalised pricing ban, or how a site is expected to know a visitor is a minor.
- The rights attached to AI agents that buy on a consumer's behalf are named but not described in the press release or Q&A.
- Fines of up to 6% apply to the Commission's direct enforcement in large-scale cases. Penalties at national level are not set out in the press release.
Any of the measures could be narrowed, widened or dropped before adoption. Planning should treat the list as the Commission's opening position.
What this means for Thai marketers
Thai law does not change. The relevance is for Thai brands that sell online to consumers in the EU, such as travel, hospitality, wellness and direct-to-consumer exporters. If the proposal is adopted in this form, non-EU companies would need an EU legal representative, and the rules would apply to their own sites and apps, not only to platforms. The areas to review are practical ones: urgency messages and stock counters on product pages, pre-ticked add-ons at checkout, fees revealed late in a booking flow, free-trial and renewal flows, influencer briefs and disclosure, and any targeting that relies on sensitive data or could reach minors. That review sits naturally inside ecommerce marketing and social ads and influencer campaigns, and much of it is a sound customer-experience standard regardless of what Brussels finally adopts.
FAQ
Is the Digital Fairness Act law now?
No, it is a proposal the European Commission presented on 11 November 2026. The press release says it will now be discussed by the European Parliament and Council. The draft DFA Regulation would apply 12 months after entry into force, so no calendar date has been set.
How large can fines be under the proposal?
The Commission could fine up to 6% of a company's worldwide annual turnover in large-scale cases under the proposed Consumer Protection Cooperation revision. Direct Commission action would apply where a breach likely affects consumers in at least two-thirds of Member States and population, and the company is not an SME.
Does the DFA ban personalised advertising?
Not in general; it would extend the DSA's existing bans on personalised ads to minors and on targeting based on sensitive data from online platforms to all websites and apps. It would also ban higher personalised prices shown to minors or vulnerable consumers.
Does it affect Thai businesses?
Only Thai businesses selling to consumers in the EU, and only if and when the rules are adopted. The proposal would require non-EU companies to appoint a legal representative in the EU. Sales to Thai consumers are not covered.
What does it say about influencers?
Influencers would have to disclose paid promotions clearly, and brands and agencies would have to ensure influencers comply. Influencers could not promote products that cannot legally be advertised, dangerous products, or products falsely presented as suitable for minors.
The bottom line
The Digital Fairness Act is the Commission's attempt to write today's online selling tactics, from fake scarcity claims to subscription traps and unlabelled influencer posts, into EU consumer law, and to give itself the power to enforce it directly. Nothing applies yet, and the text will change in Parliament and Council. For brands that sell into Europe, the useful step now is an inventory of the practices on the list, so any changes can be scheduled rather than rushed. Relevant Audience can help review checkout flows, campaign targeting and influencer briefs against the proposal as it moves forward.
