James Tamim, who edits a Digital Fairness Act newsletter, reported on Monday 9 November that Contexte, a French outlet covering EU policy, had published a leaked draft of the European Commission’s Digital Fairness Act. Contexte journalist Marie Colin published the 71-page draft, Tamim wrote. Euronews and Bloomberg have also seen the text, and Argentina’s Infobae relayed Bloomberg’s report. A Commission spokesperson told Euronews that the Commission does not comment on leaks.

Right to switch off addictive features

All users would gain the right to switch off autoplay, notifications unrelated to their own activity, streak-style rewards for consecutive use, and chatbot features that simulate relationships to keep people in the app, Euronews reported.

Bloomberg reported, via Infobae, that companies would have to let adults switch off features that encourage compulsive or excessive use. The draft also covers AI systems that simulate personal relationships to keep people talking, Bloomberg said.

Infobae noted that the EU already tackles addictive design through the Digital Services Act (DSA), but only for very large platforms. The new law would also reach app developers, game studios and streaming services, Infobae said.

Euronews reported that the draft is the first EU consumer-law text to regulate AI agents that make purchases on a user’s behalf. Users would choose which purchases they must approve themselves, and an agent would have to disclose when a suggestion is sponsored.

Banned design practices and fines

According to Euronews, the draft lists ten manipulative design practices that would always be deemed unfair, so authorities would not need to prove harm case by case. They include fake notices that someone has contacted the user and subscriptions that are disproportionately harder to cancel than to take out. The Commission could add new practices to the list without lawmakers’ approval.

Minors would be barred from paid loot boxes and from game advantages bought with money. A free trial would turn into a paid subscription only if the consumer explicitly agrees.

The Commission could fine a company up to 6 per cent of its global turnover, Euronews reported. Tamim said the fine is tied to the proposed reform of consumer protection cooperation and would apply to cases the Commission investigates itself.

Proposal needs approval from Parliament and member states

The Commission is due to present the proposal on Wednesday 11 November. The regulation would replace the 2005 Unfair Commercial Practices Directive and apply directly in all 27 member states. Its rules would apply 12 months after it enters into force, but the European Parliament and member states must first approve it.

Germany already opposes the proposal. Euronews cited an Agence Europe report on a German government non-paper dated 14 October. Germany argues that the EU should amend existing consumer directives rather than create a new horizontal law, and that the switch from a directive to a regulation has not yet been sufficiently justified.