On 11 November 2026, the European Commission adopted its proposal for a Digital Fairness Act, a text that would set EU-wide rules for influencer marketing for the first time, ban deceptive interfaces and aim to make cancelling subscriptions simpler. Companies breaking these rules would face fines of up to 6% of their global turnover. It is still only a proposal: the European Parliament and the member states must examine it before it can enter into force.
Consumer law updated after twenty years
The Digital Fairness Act is part of a broader package. On its page dedicated to the text, the Commission says it adopted it together with a simplification directive, in a package that also revises the regulation on cooperation between consumer protection authorities. The preparatory work reviewed three existing directives, on unfair commercial practices, consumer rights and unfair contract terms. Brussels presents the whole package as the most significant upgrade of this body of law in more than twenty years.
The text is championed by Executive Vice-President Henna Virkkunen and by the Commissioner for Consumer Protection, Michael McGrath, Euronews reports. It complements the Digital Services Act (DSA), the Digital Markets Act (DMA) and the AI Act, and dovetails with the planned Kids Act on protecting minors online.
Influencers and advertising: new obligations for brands
For communications professionals, the influencer section is the most tangible. According to CB News, drawing on AFP, any advertising content or content stemming from a commercial partnership will have to be clearly labelled. Content creators will no longer be able to directly push minors to buy, or to promote banned or dangerous products. Euronews adds that unfair personalised advertising and pricing targeting minors or exploiting consumers’ vulnerabilities would be prohibited, and that the text sets out a principle of fairness by design for digital services.
In practice, advertisers working with influencers will have to check that commercial disclosures are visible and that campaigns do not target younger audiences in a way that incites them to buy. For agencies, this would mean revising contracts and briefs once the text is adopted.
Dark patterns, subscriptions, prices: common practices in the crosshairs
The text takes aim at interfaces designed to manipulate. According to CB News and The Media Leader, which had detailed a draft version, targets include fake “almost out of stock” messages, paid options ticked by default and hard to remove, and notifications sent under false pretences.
- Subscriptions: easier cancellation, a reminder before a free trial turns into a paid one, and automatic renewal subject to an explicit choice, according to Euronews.
- Prices: for concert tickets, the full price should be shown from the start, with no fees added at the last step. Dynamic pricing is not banned but must be displayed in real time.
- Addictive features: everyone would be able to switch off infinite scrolling and video autoplay.
- Customer service: a right to reach a human rather than a chatbot alone; a purchase made by an AI agent would carry the same rights as a conventional purchase, according to CB News.
- Video games: the real value of virtual currencies displayed, their use disabled by default for minors, and restrictions on loot boxes and on mechanisms that make children pay to progress.
Penalties, costs and timeline
The fine ceiling would be set at 6% of annual global turnover. The Commission would gain direct investigative and sanctioning powers in large-scale cases affecting several countries, and companies based outside the Union would have to appoint a legal representative there, Euronews reports. According to the impact assessment cited by the same outlet, consumers would avoid €88.4 billion in losses between 2025 and 2035, a gain of €13.7 billion a year including time lost, for a recurring cost of €678 million a year for businesses.
Reactions remain mixed. Agustin Reyna of the European Consumer Organisation (BEUC) describes the text as “long-awaited”, according to CB News, while Euroconsumers warns that these rules will only carry weight if they are actually enforced. Other voices are more cautious: Isabelle Roccia of IAPP Europe wonders whether the text brings new tools or adds complexity by overlapping existing rules, and the association EDRi regrets that the fight against addictive design still relies too heavily on users switching features off, according to Euronews. No application date has been put forward at this stage.
Frequently asked questions
Does the Digital Fairness Act already apply?
No. It is a proposal presented on 11 November 2026. It must be negotiated and adopted by the European Parliament and the member states, then take effect according to a timetable that is not yet known.
What does the text change for influencers?
It requires advertising or sponsored content to be clearly labelled, and bans directly inciting minors to buy and promoting banned or dangerous products. It would be the first EU rule dedicated to influencer marketing.
What does a company that breaks these rules risk?
The proposal provides for fines of up to 6% of the company’s global turnover over one year, with a direct role for the Commission in large-scale cross-border cases.
Sources
- EU targets subscription traps, addictive design and hidden fees with new digital rules — Euronews, 2026-11-11
- Influenceurs, dark patterns, fonctionnalités « addictives » : Bruxelles donne un tour de vis — CB News, 2026-11-11
- Digital Fairness Act — European Commission, 2026-11-11
- L'UE veut encadrer les influenceurs et bannir les dark patterns — The Media Leader, 2026-11-09