EU Proposes Digital Fairness Act to Ban Dark Patterns and Let Users Turn Off Streaks and Autoplay

Arthur Kay
Security

The European Commission has proposed the Digital Fairness Act, a set of consumer protection rules aimed at "harmful digital practices" in online shopping, social media, apps, and subscriptions.

The proposal would ban dark patterns, let users turn off addictive features such as streaks and autoplay, and make digital subscriptions easier to cancel.

Consumer Protection Commissioner Michael McGrath called the package "the most significant reform of EU consumer protection rules in more than 20 years," noting that the current rules were written before ecommerce and the attention economy took off.

What the Digital Fairness Act Would Change

The proposed rules target practices that large apps and online stores use today. They include:

  • a ban on dark patterns, such as falsely claiming that a product is running low to push a purchase
  • limits on dynamic pricing by ticket sellers
  • a requirement for influencers to disclose when they are paid to promote a product
  • a ban on personalized advertising and pricing that targets minors or uses sensitive data
  • easier cancellation of digital subscriptions
  • a right to reach a human in customer service
  • an option for all users to turn off addictive design features such as video autoplay and streaks

The last point would reach apps such as Duolingo and Strava, which use streaks to keep users coming back every day. The EU already restricts some of these designs for children under its Kids Act, and the new proposal would extend similar choices to adults.

Fines and How the Rules Fit With Existing EU Law

The proposal gives the Commission direct powers to investigate cases with a large scale impact and to fine companies up to 6 percent of their worldwide annual turnover. Companies based outside the EU would have to appoint a local legal representative to work with the authorities.

Executive Vice President Henna Virkkunen said the act is designed to fill gaps between the Digital Services Act, the Digital Markets Act, and the AI Act rather than duplicate them. The Digital Services Act already covers some addictive design on large platforms. The Commission said on Friday that TikTok's "For You" feed breached those rules, and in July it found Meta in breach over similar features on Instagram and Facebook. Both companies could face fines of up to 6 percent of global turnover if the findings are confirmed.

For users in the EU, nothing changes yet. The Digital Fairness Act is a proposal and is not yet law, so apps, ticket sellers, and subscription services can keep their current designs for now. If the rules pass in their current form, the most visible changes would be a setting to switch off streaks and autoplay, simpler cancellation flows, and fewer countdown timers and "only 2 left" banners in online stores.

The Commission has not given a date for when the rules would take effect if they are adopted.

Comments

There are no comments on this post yet, be the first one to share your thoughts!

Leave a Reply

By commenting, you accept our privacy policy and keep the discussion respectful and on topic.