The European Commission has put forward a bill to overhaul consumer protection, the technology site Ghacks reported on 11 November. The proposal covers online shopping, social media, apps and digital subscriptions.

Consumer Protection Commissioner Michael McGrath called the package ‘the most significant reform of EU consumer protection rules in more than 20 years’, Ghacks reported. McGrath said the current rules were written before the growth of online shopping and of services that compete for users’ attention.

What the proposal would ban or require

Dark patterns are interface designs that steer users into decisions they would not otherwise make. The proposal would ban them. Ghacks gives the example of a false claim that a product is running out.

The proposal would also:

• restrict dynamic pricing by ticket sellers, meaning prices that change with demand
• require influencers to disclose when they are paid to promote a product
• ban personalised advertising and pricing that target minors or use sensitive data
• make digital subscriptions easier to cancel
• give people the right to deal with a human in customer service.

All users could also turn off addictive features such as video autoplay and streaks, which count consecutive days of use. Ghacks said this would affect apps such as Duolingo and Strava. The EU already restricts some of these features for children through the Kids Act, the site said, and the proposal would extend similar choices to adults.

Fines and links to other EU laws

The Commission would gain direct powers to investigate cases with a large-scale impact and to fine companies up to 6 per cent of their worldwide annual turnover. Companies based outside the EU would have to appoint a legal representative in the EU.

Executive Vice President Henna Virkkunen said the act is intended to fill gaps between three existing laws rather than duplicate them: the Digital Services Act (DSA), the Digital Markets Act (DMA) and the AI Act.

The DSA already covers some addictive design on large platforms. Last Friday the Commission found that TikTok’s For You feed had breached the act, Ghacks reported. In July the Commission reached the same finding on similar Meta features on Instagram and Facebook. Each company could face a fine of up to 6 per cent of its worldwide turnover if the findings are confirmed.

Nothing changes for users yet

The Digital Fairness Act is a proposal, not yet law. For now, apps, ticket sellers and subscription services can keep their current designs. If the rules are adopted as they stand, Ghacks said, the clearest changes for users would be a setting to turn off streaks and autoplay, an easier way to cancel subscriptions, and fewer countdown timers and ‘Only 2 left’ notices in online shops.

The Commission has not said when the rules would take effect if adopted.