Commission Proposes Digital Fairness Act: Dark Pattern Ban, Pay-to-Win Limits for Minors

The European Commission presented its Digital Fairness Act proposal on 11 November 2026, a consumer-law update that would ban dark patterns, restrict gambling-like features aimed at minors and let users switch off addictive design across the EU.

The Commission describes the package as bringing online consumer protection in line with offline rules. It is a proposal only: the European Parliament and the Council of the EU will now discuss it, and nothing in it applies to companies yet.

What the Digital Fairness Act would change

The Commission's summary lists six headline measures: a ban on dark patterns (interface designs that steer users into choices they would not otherwise make); clear pricing, including real-time and maximum prices in virtual queues; an option to turn off addictive design features "such as persistent prompts"; clear disclosure of influencer marketing; limits on unfair personalised ads and prices aimed at minors; and easier subscription cancellation.

The Commission's press release adds a ban on gambling-like features for minors, "such as pay-to-win and pay-to-progress", plus safeguards for minors in influencer marketing and limits on personalised advertising that exploits sensitive data.

According to a Freshfields briefing on the proposal, the provisions map to the following articles:

The Commission expects the Digital Fairness Act and a parallel revision of enforcement rules to save consumers up to €13.7bn a year.

Gambling-adjacent provisions: loot boxes, addictive design and ads

The provisions most relevant to operators and game studios sit in three places.

In-app currencies, loot boxes and pay-to-win (Articles 14-16). These rules are minor-specific, according to Freshfields. Authorities designated under the EU KIDS Act would enforce them. Studios selling randomized paid items or progression boosts to under-18 players are the obvious targets.

Addictive design (Article 17). The Freshfields briefing says this article covers all consumers, not only minors, with carve-outs for services already covered by the EU KIDS Act. The Commission could lengthen the lists of banned dark patterns (Article 10(3)) and of switch-off features (Article 17(2)) by delegated act, which means the lists could grow without a new legislative vote.

Personalised advertising (Articles 12-13). The ban on targeting applies where the trader knows "with reasonable certainty" that the consumer is a minor, or where targeting uses special-category data under Article 9(1) of the General Data Protection Regulation (GDPR). According to Freshfields, it mirrors Articles 26(3) and 28(2) of the Digital Services Act (DSA) and does not apply to online platforms already covered by those DSA rules. Earlier Gamingo coverage of the DSA scam study cited in a Meta gambling ad dispute shows how the DSA is already being used in advertising fights.

Influencer disclosure (Article 11) also matters for affiliates. Gamingo has tracked enforcement in this area, including APAJO's reports against influencers and operators over illegal gambling.

Enforcement: the CPC revision and fines

The Commission proposed a revision of the Consumer Protection Cooperation (CPC) Regulation alongside the Digital Fairness Act. The CPC Regulation, in force since 2020, underpins a network of national consumer authorities that has run more than 30 coordinated enforcement actions.

For offshore-facing brands and studios, the legal-representative requirement is the most practical change: it gives regulators a named EU address for service and enforcement.

Gambling sector position and next steps

Whether and how the rules reach licensed gambling is already a lobbying issue. European Lotteries has asked co-legislators to exclude lotteries and gambling expressly, arguing that gambling is already outside the Services Directive and the E-Commerce Directive, according to SoloAzar. SBC News reports that the Commission proposes no change to member-state authority over gambling licensing and operator-conduct rules.

Even if gambling is carved out, adjacent businesses are not obviously safe. Social casino titles, games with gambling-style mechanics, streamers and affiliates, and payment and subscription flows could all fall under the dark pattern, influencer and cancellation rules. Freshfields also flags overlaps with Articles 25 and 31 of the DSA, and says the Act applies "without prejudice" to other EU instruments.

The Act follows the 2030 Consumer Agenda, the 2026 Commission Work Programme and the 2024 Digital Fairness Fitness Check. For broader context on where EU gambling policy has been heading, see Gamingo's earlier look at upcoming EU regulations that could transform online gambling and its report on the EU anti-money laundering regulation.

Parliament and Council positions will determine the final scope, the exact article wording and the application date. Operators and studios with EU-facing products should map their purchase flows, notification logic, subscription cancellation paths and influencer contracts against the listed provisions now, because delegated acts could widen the banned practices after adoption.

Status reviewed on 12 November 2026. The proposal date, measures, fine cap and savings estimate come from the European Commission's announcement and press release, and article numbers come from a Freshfields briefing. More regulation news and EMEA coverage.