The European Union is setting an ambitious framework to ensure a fair digital environment: the Digital Fairness Act (DFA). This initiative aims to modernize consumer protection in the digital age without overloading existing laws.
🔍 Toward targeted legislation that closes gaps
The DFA builds on the Digital Services Act (DSA), which came into effect in February 2024, notably Article 25, which already prohibits dark patterns.
However, the European Commission’s Digital Fairness Check report shows that these manipulative practices persist:
- Deceptive interfaces
- Addictive designs
- Complicated unsubscribe processes
- Lack of transparency in sponsored content
The DFA therefore seeks to address loopholes in directives such as the UCPD, CRD, and UCTD, adapting them to online realities (dark patterns, complex subscriptions, influencer marketing…).
💡 A “Fairness by Design” approach
Inspired by the “Fairness by Design” principle, the DFA requires redesigned interfaces:
✔️ Clear choices
✔️ Simple unsubscribe
✔️ Stronger protection for minors and vulnerable users
Recent penalties illustrate the trend: Meta targeted for misleading ads, TikTok fined €345 million for lack of transparency, Shein flagged for unfair commercial practices. (See our previous posts on these topics.)
📅 Public consultation underway: July 17 → October 9, 2025
📌 Goal: allow companies and stakeholders to contribute.
The final text is expected in Q3 2026.
🎯 A delicate balance between protection and innovation
Some industries fear that the DFA could duplicate existing rules (DSA, DMA, GDPR) and complicate compliance. IAB Europe calls for clarity before overregulating.
The challenge: create a clear, harmonized, and fair framework.
The DFA represents another step toward building a fairer digital space in Europe.
The question is whether the final text will strike the right balance between effectiveness and flexibility.
