The European Commission has formally launched its public consultation1 on the forthcoming Digital Fairness Act (DFA), a flagship initiative aimed at modernising the EU’s consumer protection framework for the digital age. While still in its formative stages, the DFA aims to reshape how digital platforms engage with consumers, particularly around manipulative design, personalisation and the protection of vulnerable users.
The current plan is for the DFA not to replace existing legislation but to update key directives, such as the Unfair Commercial Practices Directive, Consumer Rights Directive and Unfair Contract Terms Directive, to align with broader digital regulation including the DSA, DMA, GDPR and AI Act.
The EC’s current focus is on gathering evidence through an impact assessment and public consultation, which runs until 9 October 2025.
Areas of focus
The DFA is expected to address a wide range of digital harms, including:
- Dark patterns and manipulative online choice architecture
- Addictive design features, particularly those affecting minors
- Unfair personalisation and profiling practices
- Harmful influencer marketing
- Friction in digital contracting (e.g., cancellation flows, auto-renewals)
- Misleading pricing techniques such as drip pricing and dynamic pricing
The DFA is a direct response to the 2024 Fitness Check of EU consumer law2 and forms part of the public consultation of the broader Consumer Agenda 2025–2030.
The overarching aim is to simplify and harmonise consumer protection across Member States. The current patchwork of national rules is creating market fragmentation and compliance burdens, particularly for cross-border digital services. The EC is considering targeted prohibitions and simplification measures, such as streamlining consumer information requirements for repetitive transactions and refining rules around subscription services.
The consultation documents also highlight the need for EU-level action due to the cross-border nature of digital commerce. National regulation alone is considered insufficient, and divergent approaches are already emerging among Member States. The DFA seeks to ensure a level playing field and reduce regulatory complexity for businesses operating across the EU.
Protection of minors is also top of the agenda. As such, the DFA will likely include measures to curb addictive design features, enhance age verification and restrict exploitative targeting. These proposals reflect growing concerns about the mental health and safety of young users in digital environments.
Timeline
The EC is actively seeking input from a wide range of stakeholders, including platforms, SMEs, consumer groups, influencers, and academia, through public consultations, targeted surveys and events.
We are already seeing active lobbying from both industry and consumer groups which will feed into the consultation. Platforms in particular consider that given the raft of recent EU legislation they are already tackling, new legislation is unnecessary and the EC needs instead to focus on clearer enforcement of existing rules. On the flip side, consumer organisations are largely in support the DFA as a way to effectively tackle manipulative online practices and provide more robust protection for consumers.
The consultation a strategic opportunity for businesses to shape the legislative outcome and ensure practical feasibility.
- Consultation Period: 17 July – 9 October 2025
- Legislative Proposal: Expected early 2026
- Impact Assessment Report: To be published alongside or just before the proposal
The EC plans to analyse feedback and publish a summary within eight weeks of the consultation’s closure.
Next steps
We are already seeing significant engagement across our client base, particularly from platforms navigating how the DFA intersects with existing compliance frameworks. The breadth of the proposals and the EC’s appetite for reform make this a critical moment for businesses to engage.
Our pan-European team is advising clients on strategic responses to the consultation, mapping risk exposure across business models, and aligning with existing digital compliance obligations. We are also supporting practical implementation, drawing on recent work around dark patterns risk matrices, enforcement trend analysis, and platform design audits.
If you would like to discuss how the DFA may affect your business or would like support in shaping your response, please get in touch.
