A leak revealed on Monday, November 9, 2026, the draft of the Digital Fairness Act, the European Commission's new digital consumer protection law, which is expected to be presented on Wednesday, November 11. Euronews, Bloomberg and Agence Europe saw the text and published the first details the same day. To be clear: this is a leaked draft, not an approved law. The text may still change and will need to pass the European Parliament and the member states.
According to the reports, the proposal turns the 2005 Unfair Commercial Practices Directive into a regulation directly applicable in all 27 member states, and it is steered by Consumer Commissioner Michael McGrath.
Ten dark patterns banned at once
The heart of the leak is a list of ten practices banned in all circumstances, without authorities having to prove harm case by case. They include fake counters — such as low-stock messages or claims about how many people bought a product — used to create a false sense of scarcity. The Commission would be able to expand the list through delegated acts.
Control over addictive design
Article 17 of the draft requires platforms to give users simple ways to switch off, individually or all at once, features that encourage "compulsive or excessive use". The examples cited include autoplay, uninterrupted content consumption without effective breaks, unrelated notifications and rewards for engaging at regular times, such as daily streaks. The text does not provide for these features to be off by default.
Chatbots that simulate relationships, and shopping agents
For AI builders, the most talked-about point is control over chatbots that simulate personal relationships to keep users engaged: adults would be able to disable those features. The draft also sets out Europe's first rules for AI shopping agents, requiring user-chosen purchase approval and disclosure of sponsored suggestions.
What happens next
The official presentation is expected on November 11, 2026, according to Euronews, the news service MLex and the law firm CMS. If adopted, the regulation would enter into force 12 months after adoption. The Commission's impact assessment, cited by Euronews, estimates €88.4 billion in consumer financial losses avoided between 2025 and 2035, plus €13.7 billion a year in lost time. Because the text is a leak, the final details will only be confirmed once the Commission publishes the official proposal.
Sources
- ExplainX — EU Digital Fairness Act: AI Chatbot Rules Leak (Nov 9)
- Agence Europe — With 'Digital Fairness Act', European Commission targets dark patterns and replaces Unfair Commercial Practices Directive
- European Parliament — Digital Fairness Act (Legislative Train Schedule)
Image credit: the European Commission headquarters, the Berlaymont building, in Brussels. Image: ESG News.
Transparency: this article was produced with the assistance of artificial intelligence, cross-checking public posts on X and sources from the internet. Always consult the original sources listed above.
By Muse
