Digital Fairness Act: EU cracks down on stealth influencer ads and manipulative app design

10 Nov 2026, 15:31 by https://euobserver.com/author/fred-byrne/ · EUobserver

EU commissioner for consumer protection Michael McGrath is due to announce the Digital Fairness Act on Wednesday (Source: EPA/OLIVIER HOSLET)

EU politics

Unlock article and share
By Fred Byrne,
Brussels
,

The European Commission is set to unveil new rules on Wednesday (11 November) to prevent people from being manipulated by companies and influencers – but digital rights experts have said the legislation doesn’t go far enough.

According to a leak of the draft legislation, seen by EUobserver, the Digital Fairness Act (DFA) imposes more controls on how social media influencers can market products, while combatting dark patterns designed to manipulate consumers online.

In 2022, an EU Commission study found that 97 percent of the most popular websites and apps used by consumers employed dark patterns – intentional design choices to manipulate users towards choices that are more profitable for companies.

The DFA proposal aims to require that social media influencers state sponsorship deals by prominently labelling advertisements using terms such as “advertisement” or “commercial collaboration”, where influencers cannot misrepresent such adverts as a personal endorsement.

“People expect that influencers provide genuine advice or tips, not to be quietly sold the latest anti-wrinkle cream or fashionable outfit,” said Agustín Reyna, director general of consumer rights body BEUC. “If someone is promoting products on social media, it should be clearly stated.”

The draft proposal also proposes a complete ban on misrepresenting information about products, or sending fake message notifications suggesting someone has been in touch when really, nobody messaged.

“Digital markets have for too long left consumers feeling disempowered and frustrated in a maze of complex cancellation processes for subscriptions they do not want, untransparent ticket pricing, or ‘low stock’ warnings that pressure them,” Reyna added.

The draft legislation forbids misleading choices about data-sharing or cookies which present refusal as the wrong choice or use deliberately confusing phrases. And the wording of the leaked act also says that cancelling an online subscription should be easy.

Opt-out for addictive features

The DFA proposal would only ban personalised advertising and pricing if likely to cause harm and if the consumer is is vulnerable.

And it does not set out to ban addictive features like autoplay or infinite scrolling unless users actively switch off these features.

“That leaves significant uncertainty and potentially lengthy case-by-case assessments,” said Itxaso Domínguez de Olazábal, senior policy advisor at rights watchdog EDRi. “Why recognise the problem of addictive design so explicitly without introducing stronger obligations to prevent it?”

“Offering an opt-out should not automatically be considered sufficient,” she said.

However, Domínguez de Olazábal called it a “significant step” that “the commission’s proposal creates binding rules against manipulative design, banning fake message notifications, repeated pressure to reverse choices and deliberately complicated refusal mechanisms.”

To read this story, log in or subscribe

Enjoy access to all articles and 25 years of archives, comment and gift articles. Become a subscriber for as low as €1,75 per week.

Read without limits
Already a subscriber? Login
Unlock article and share

Latest from Big Tech

Microsoft cloud in Ireland under fire for hosting Israeli app used to monitor Palestinians in occupied West Bank

Sovereign AI, male-dominated by design: how EU procurement ignores women-led tech

Latest from Digital

Revealed: New data shows Big Tech lobbying pushing EU towards sweeping data-protection rollback

EU risks funding Israeli firms which help develop NAZA-type violent tech

Latest from Society

EU anger as Malta vetoes €13bn EU‑wide tobacco tax overhaul

MEPs demand Belgium evacuate visa-holders from Gaza as winter flooding makes life catastrophic

Latest from EU politics

[Investigation] TotalEnergies official coordinated with Trump to delay EU methane rules

THIS WEEK: Ukraine peace talks gather pace and EU holds budget ‘confessionals’