EU to blacklist ten manipulative online design 'traps', leaked draft shows

The European Commission’s proposed Digital Fairness Act would create a directly applicable EU-wide rulebook against manipulative online sales and engagement tactics, replacing the 2005 Unfair Commercial Practices Directive. Its draft names ten “dark patterns” that regulators would treat as unfair without having to prove harm in each case. They include making cancellation harder than sign-up, hiding prices or renewal terms, fake scarcity or popularity claims, preselected paid extras, guilt-inducing refusal buttons, repeated prompts to reverse a choice, confusing double negatives, and fabricated notifications. The proposal also targets hidden checkout fees, misleading discounts, and deceptive dropshipping claims. The Commission estimates the measures could prevent €88.4 billion in consumer losses over 2025-2035, while costing businesses about €678 million annually after overlapping requirements are accounted for.

The rules would add protections for children, including bans on paid loot boxes and pay-to-win features for minors, restrictions on profiling-based advertising, and real-money disclosures for in-game currency. Users could disable autoplay and certain engagement features; free trials could not become paid subscriptions without active consent, and customers would receive renewal reminders and access to human support. Online subscriptions would need a clear cancellation button, and AI shopping agents would have to disclose sponsored recommendations. Companies could face fines of up to 6% of global turnover. The draft still needs approval from Parliament and member states, and Germany has questioned whether a new cross-cutting law is necessary instead of revisions to existing rules.