In online sales, legal risks may arise not only from the content of an offer but also from digital features that influence purchasing decisions. The forthcoming Digital Fairness Act (DFA) could introduce further EU requirements in this area. According to a Reuters report dated 9 November 2026, a draft reviewed by the news agency envisages fines of up to 6% of a company’s annual worldwide turnover for infringements.
Which Practices Could Be Affected?
The draft would target so-called “dark patterns”: interface designs that influence consumer decisions through deceptive or manipulative features. According to the report, it would prohibit personalised advertising targeting children and vulnerable consumers and allow users to disable features that encourage compulsive or excessive use. Businesses using dynamic pricing would also have to indicate how many products or tickets are available at the advertised price.
Important: These Requirements Are Not Yet in Force
The DFA is a legislative initiative still under preparation. The provisions reported in the press, including the proposed 6% maximum fine, should therefore not be treated as DFA rules already applicable to businesses. The final text may change during the EU legislative process, and adoption will also require the involvement of the European Parliament and the Member States.
What Should Businesses Consider Now?
A legal review of the purchasing process, pricing communications, advertising targeting and user interfaces can provide a starting point for preparation. This can help identify potentially problematic practices and plan any necessary adjustments. To assess the consumer protection risks associated with your online sales practices, contact us for a tailored legal consultation.
English (UK) 
Magyar 
Deutsch 
Türkçe 
Español 
Català 
Русский