EU proposes Digital Fairness Act banning dark patterns

The European Commission adopted a proposal for a Digital Fairness Act on Wednesday, alongside a revision of the Consumer Protection Cooperation Regulation, that would ban manipulative interface designs known as dark patterns, such as fake claims that a product is almost sold out, and would require simple cancellation for digital contracts and subscriptions. Traders would have to remind consumers before a free trial converts to a paid plan, show the real world value of virtual in-app currencies and clear pricing where dynamic pricing is used for cultural and sports events, and give consumers a right to reach a human in customer service and clear rights when an AI agent shops on their behalf.

For major EU-wide cases the Commission itself could impose fines of up to 6 percent of a business’s worldwide annual turnover, according to the Commission factsheet. AFP reported that the package also bans pay-to-win features for minors and cites official data putting consumer losses from problematic digital practices at 10.3 billion euros a year. The proposal now goes to the European Parliament and the Council, and the final text may differ.