Navigating the EU’s Digital Fairness Act: Implications for your business

The digital environment is changing rapidly. As online products and services become more complex, so do the risks for consumers. In response, the EU is set to introduce a Digital Fairness Act (DFA) in Q4 2026, a landmark initiative that will redefine how businesses operate, market and design products in the digital space.

At its core, the DFA is focused on consumer protection. It targets harmful practices such as dark patterns, misleading endorsements, addictive interface features and ambiguous contract terms. Building on the European Commission’s 2024 Digital Fairness Fitness Check, the proposal addresses gaps in the existing framework and introduces new rules that reflect modern digital behaviours, technologies and business models.

For companies operating in Europe and across global markets, these changes introduce diverging obligations and increased regulatory scrutiny. A strategy deemed acceptable in other jurisdictions may pose compliance risks in EU Member States. In this shifting landscape, businesses must stay ahead of regulatory change.

Understanding the DFA’s direction – and its place within the EU’s broader digital rulebook – is crucial for managing consumer trust and regulatory risk. Those who proactively align with emerging consumer protection standards will not only mitigate enforcement risks but also build credibility and strengthen their competitive position.

Freshfields helps clients act decisively in this moment of transition. Our expertise in consumer protection, digital regulation and EU policymaking ensures our clients can assess exposure, adapt practices and build resilient compliance strategies.

With a coordinated, multidisciplinary team spanning multiple jurisdictions, we support clients through regulatory changes, investigations and strategic decision-making linked to the DFA and related EU initiatives. Whether in Europe or globally, we stay ahead of the evolving digital consumer protection landscape – so you can move forward with clarity as consumer expectations rise.

The EU Digital Fairness Dashboard is a Freshfields legal mapping tool that offers a comprehensive overview of the EU’s main consumer laws and complementary digital legislation that already apply to the digital space at EU level. It maps each practice the DFA may address against current EU rules and shows how the ground is already covered.

To access the dashboard, you need to request access. After that, you will get a link to set up your account and you will get full access to the Freshfields EU Digital Fairness Dashboard.