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 European Commission proposed a Digital Fairness Act (DFA), a landmark initiative that will redefine how businesses operate, market and design products in the digital space. The DFA is part of a wider package that also includes the review of  the Consumer Protection Cooperation (CPC) Regulation and a proposal for a Directive amending the CRD and ePrivacy Directive as regards the simplification of certain consumer protection rules.

The DFA will replace the Unfair Commercial Practices Directive and as a Regulation, it will apply directly in all Member States, with no national implementing laws. Together with the revised CPC Regulation, it would also give the European Commission direct powers to investigate and enforce against widespread infringements with an EU dimension, with fines of up to 6% of worldwide annual turnover.

At its core, the DFA is focused on consumer protection. 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. It targets harmful practices such as dark patterns, addictive interface features, unfair personalised advertising and pricing, in-game currencies and loot boxes, misleading influencer and price marketing, and unfair subscription and cancellation practices. It also sets new rules for AI agents that act for consumers behalf and gives minors a higher level of protection. In this regard, the DFA is closely linked to the proposed EU KIDS Act.

The DFA applies to all traders that target EU consumers, wherever those traders are based and introduces new obligations and increased regulatory scrutiny to them. Understanding the DFA’s scope and requirements – and its place within the EU’s broader digital rulebook, including the GDPR, Digital Markets Act, Digital Services Act, the AI Act and the proposed EU KIDS Act – is crucial for managing consumer trust and regulatory risk. Those who align early with the new 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 addresses 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.