The European Commission has presented a proposal for a Digital Fairness Act aimed at limiting the addictive design of online services and manipulative practices in online shopping. The plan covers social media, online stores, apps, games and digital subscriptions.
The proposal would allow users to disable features that encourage excessive or compulsive use. Examples include persistent reminders and other interface elements designed to hold attention for as long as possible. The measure also targets practices that encourage people to spend more than they intended.
Ban on manipulative interfaces
The Digital Fairness Act provides for a ban on so-called „dark patterns“ – designs and messages that steer users towards a decision they may not have made freely and with full information. Examples cited include false claims that a product is almost sold out, preselected additional products and making it difficult to cancel a service.
The European Commission is also proposing clearer price displays. For purchases using virtual currencies in apps, the value must be shown in real money. For dynamic pricing of cultural and sporting events, users will have to see the current price and the highest possible price.
Stricter rules for children and subscriptions
For minors, restrictions are planned on game mechanics such as „pay to win“ and „pay to progress“. There will also be restrictions on advertising targeted at children through profiling or the use of sensitive personal data.
The proposal also covers subscription services. Free trial periods will not be allowed to automatically turn into paid plans without active confirmation. Renewals must be accompanied by reminders, while contracts must be cancellable online in a small number of steps. Consumers will also have the right to speak to a human customer service representative.
„Our laws must reflect the way people live, shop and work today,“ said European Commission Executive Vice-President Henna Virkkunen. Michael McGrath, Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection, described the proposal as the most ambitious reform of consumer protection rules in a generation.
Commission seeks greater powers
Alongside the digital law, the Commission is proposing changes to the rules governing cooperation between national consumer protection authorities. In cases of large-scale cross-border violations, it would be able to launch direct investigations and impose fines of up to 6% of a company’s worldwide annual turnover. According to the Commission, the package could reduce consumer losses and costs by up to €13.7 billion annually.
The proposal follows action by Brussels against addictive features on social media. In July, the Commission preliminarily found that infinite scrolling, autoplay, notifications and personalised recommendations on „Facebook“ and „Instagram“ may violate the requirements of the Digital Services Act.
The Digital Fairness Act is not yet in force. Following its presentation, the text must be discussed and agreed by the European Parliament and the Council of the EU.
Sources: commission.europa.eu, cna.org.cy, thenextweb.com