On 11 November 2026, the EU Commission presented the draft of a Digital Fairness Act. The legislative package is intended to ban misleading tricks in online shops and apps, so-called dark patterns, and at the same time to reorganize subscriptions and influencer advertising.
Nothing has been adopted yet. The European Parliament and the Council are now deliberating on the proposal, and its content may change during the procedure. As a regulation, the Digital Fairness Act would later apply in Germany without a separate implementing law.
What does the Commission want to ban in the future?
The focus is on banning these dark patterns. This refers to designs in shops and apps that use tricks to push customers into purchases, for example with a false notice that a product is almost sold out.
Tricks and the rule on them
How the Commission classifies five practices on 11 November 2026
Practice onlineRule in the proposal
- False notice "almost sold out"Dark pattern, to be banned
- Free trial that ends in a subscriptionSubscription trap is to end
- Subscription that is hard to cancelto become easier to cancel
- Advertising in an influencer postmust be labeled
- Purchases with virtual currency in appstransparent prices
These are proposals by the Commission. Parliament and Council still have to agree.
Source: European Commission
The Commission names further points in its press release. Prices are to be transparent when customers pay with virtual currency in apps or when tickets for cultural and sporting events have dynamic prices. Users are to be able to switch off addictive features, and for minors, gambling-like features in which one buys in-game advantages (pay-to-win) are to be dropped.
For advertising, subscriptions and customer service, the proposal provides for four further changes:
- Influencer marketing: Influencers are to label advertising, and no one is to be allowed to exploit the trust of underage viewers.
- Personalized advertising: The proposal limits personalized advertising and prices based on user profiles that target minors or build on sensitive data.
- Subscriptions: Contracts are to become easier to cancel, unwanted automatic renewals are to end, and a free trial is not to become a subscription trap.
- Customer service: Customers are to be able to speak with a human in customer service and are to receive clear rights when an AI agent makes purchases on their behalf.
What fines does the proposal provide for?
In parallel, the Regulation on cooperation in consumer protection (CPC Regulation) is to be amended. The Commission would thereby gain the right to investigate itself and to impose fines of up to 6 percent of worldwide annual turnover in the case of infringements that affect many consumers throughout the internal market and have significant consequences.
The six percent limit thus applies to the Commission's new powers in the case of major infringements. Companies from outside the EU would also have to appoint a representative in the EU. On the supervision of small providers, the Commission gives no information in its announcement.
What already applies in Germany today?
German law already requires a cancellation function. Under § 312k BGB, businesses that offer consumers online contracts with ongoing performance need a clearly legible button "Cancel contracts here" or an equivalent wording. If it is missing, the consumer can terminate the contract at any time without notice. Financial services are excluded.
Our assessment: For subscriptions, the proposal builds on an obligation that already applies in Germany. New would be above all the rules on free trials and on automatic renewal.
What this means for you
It is best to check your shop and landing pages for counters, countdowns and notices such as "only 2 available". Show only information there that is true, and then you will have less to change if a ban comes later.
For subscriptions, memberships and free trials, it is worth looking at cancellation: On your site it should be as easy as signing up, and the renewal should be clearly stated beforehand. You already need the button under § 312k BGB now.
For campaigns with influencers, the disclosure is best included in the briefing, with one sentence on how the advertising is made visible.
You don't need to change anything yet. The text is now going through Parliament and Council, and only afterwards will it be clear from when which rule applies.
The European Commission published the proposal on 11 November 2026.
Sources
