Commission proposes Digital Fairness Act and direct fines of up to 6% of turnover

On 11 November 2026 the European Commission unveiled a draft Digital Fairness Act (DFA) containing rules on addictive design and gambling-like features that operators will want to review. A companion change to the Consumer Protection Cooperation (CPC) Regulation would allow the Commission to fine companies itself.

SBC News reported that the DFA is designed to leave national gambling rules in place, and that its "fairness by design" provisions could overlap with them.

What happened

The Commission described the DFA as a major update of EU consumer protection law, meant to give people the same level of protection online as offline. According to the Commission's announcement, the main elements are:

• a ban on manipulative marketing techniques, known as dark patterns, such as false claims that a product is nearly sold out;
• transparent pricing, including for purchases made with virtual in-app currencies;
• fairness by design: consumers could switch off addictive features that push excessive or compulsive spending, persistent prompts being one example;
• a ban on gambling-like features for minors, with pay-to-win and pay-to-progress named as examples;
• influencers would have to disclose commercial content, and personalised advertising or pricing aimed at minors or drawing on sensitive data would be restricted;
• easier cancellation of digital contracts and subscriptions.

The Commission also put forward a revision of the CPC Regulation. Under it, the Commission itself could investigate large-scale cases with a major effect on consumers in the Single Market, and could impose fines with an upper limit of 6% of a company's worldwide annual turnover. The revision would also set deadlines for key steps in cross-border cases and require companies based outside the EU to appoint a legal representative in the bloc.

At present the Commission cannot enforce these rules directly. According to the Commission, the CPC Network of national authorities has run more than 30 coordinated enforcement actions since the Regulation began applying in 2020.

European Commission Executive Vice-President Henna Virkkunen said the reform would give businesses clarity and confidence. Commissioner Michael McGrath described it as the most ambitious reform of EU consumer protection rules in a generation.

Gambling and national rules

SBC News reported that the DFA is designed to preserve member states' authority over their own gambling markets. The outlet said that the way the fairness-by-design requirements would apply to online gambling platforms must be assessed against specific platform features, including spending prompts, personalised promotions and engagement mechanics.

Why it matters

Operators serving EU markets could need to check how spending prompts, personalised promotions and gamified engagement features sit against the proposed fairness-by-design and minors provisions. Affiliates running personalised or influencer-led campaigns could also need to check how the proposed disclosure and targeting rules might apply to their activity.

The proposal is not yet law, and its final scope for gambling will depend on negotiations. If gambling autonomy is retained, as SBC News reports, operators are likely to face questions about how general consumer rules fit alongside national requirements on marketing and digital engagement.

The proposed duty for companies outside the EU to name an EU representative could also matter for businesses based outside the bloc that serve EU consumers, if it survives the legislative process.

What's next

The Commission said the European Parliament and the Council will now take up the proposals. SBC News reported that no timetable has been published for those discussions. The final obligations, and how they sit alongside national gambling rules, will be settled through negotiations in both institutions.