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EU Digital Fairness Act: Commission Proposes Fines of Up to 6% and a Switch-Off Right for Addictive Features

Brussels wants one regulation covering manipulative design, hard-to-cancel subscriptions and influencer ads. It must now pass Parliament and the Council, and critics say its addictive-design rules are soft.

Outspoken Digest Technology Desk

Thursday, November 12, 2026/2 min read

The curved glass and stone front of the Berlaymont building, seat of the European Commission, in Brussels, photographed on 14 September 2019, a file photograph of the institution and not of the proposal or any official
Photo: EmDee via Wikimedia Commons (CC BY-SA 4.0)

The European Commission has put forward a Digital Fairness Act, a regulation aimed at the online tricks that push people to buy, subscribe or keep scrolling. It presented the proposal on Wednesday, Silicon UK reported on Thursday, and it now has to be approved by EU governments and the European Parliament before it becomes law.

The headline number is the penalty. Companies could face fines of up to 6 percent of global turnover for breaches, Silicon UK said, the same ceiling as under the Digital Services Act. Details below come from that report and from commentary on the draft, so the final text may differ.

What would the Digital Fairness Act ban?

Silicon UK says the act would cover dark patterns that steer consumers into purchases or sign-ups, such as falsely claiming a product is almost sold out and making subscriptions hard to cancel. It would also reach influencer marketing and practices that maximise online spending. The law firm commentary at CEA Digilaw adds that the text would ban personalised advertising aimed at children or vulnerable consumers, and that traders would carry a general duty of fairness by design.

The same commentary lists a clear cancellation button and consent before a free trial turns into a paid plan among the subscription measures, though it attributes those to other reports. It notes dynamic pricing would not be banned, but sellers would have to disclose how many items remain at the advertised price.

Will infinite scroll and autoplay be banned?

Not outright, according to the coverage. Silicon UK says consumers could switch off features that encourage compulsive or excessive use, with autoplay and endless scrolling among the examples, and that AI chatbots built to keep users talking could be affected. EUobserver, reporting on the leaked draft before the presentation, said such features would only have to be avoided if users actively turn them off.

Digital rights groups say that is too weak. Itxaso Domínguez de Olazábal of EDRi told EUobserver that an opt-out should not automatically be treated as enough. The same report quotes her calling the binding rules against manipulative design a significant step, so the criticism is about the strength of the rules, not their existence.

Who would enforce it, and when?

Silicon UK says the EU would enforce directly when a breach affects two-thirds of the bloc's population, rather than leaving the case to national regulators, and that smaller companies would not face enforcement. The report notes the Commission ordered TikTok in February to change addictive design features, and in 2024 ordered X to change its blue-check design.

CEA Digilaw cites an estimate that the rules would not apply before the end of 2028. Until Parliament and the Council agree a text, the act is a proposal, and lobbying over the opt-out wording is likely to start now.

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