What changes
On November 11, 2026, the European Commission presented the proposal for the Digital Fairness Act regulation, identified as COM(2026) 1100. According to Agenda Digitale's account, the text repeals and replaces Directive 2005/29/EC on unfair commercial practices, i.e. the rule that for more than twenty years has formed the basis of consumer protection against misleading or aggressive conduct by businesses.
The choice of instrument is not neutral. Moving from a directive, which must be transposed by individual Member States, to a regulation means aiming for more uniform application across the Union. The material indicates a precise objective: making possible, for certain cross-border infringements, direct application of the rules by the Commission. In essence, Brussels should not limit itself to coordinating national authorities but could intervene directly in certain cases that cross the borders of a single Member State.
The areas concerned
The proposal introduces specific obligations in five areas listed by the source: digital interfaces, commercial profiling, video games, online contracts and artificial intelligence agents that make purchases. The stated objective is to supplement safeguards against dark patterns—design solutions that steer user choices—and against 'various tricks or abuses,' with particular attention to online purchases.
The picture that emerges is therefore an update of the scope, not a simple formal rewrite: the old directive was designed for traditional commercial practices, whereas the proposal addresses mechanisms typical of digital environments, from interface design to data-based commercial personalization, through to the video game sector and the intermediation of AI agents in purchases.
A significant informational limitation should be noted: the available material does not detail the content of the individual obligations or the penalties envisaged. It is therefore not possible, on the basis of the source, to establish how stringent the requirements are for each category or how they coordinate with the rules already in force on contracts, profiling and artificial intelligence, which are mentioned by the source but not described.
What remains to be verified
The news concerns a proposal, not a rule in force: the text will have to follow the European legislative process and may be amended before adoption. The timetable, any objections from Member States and the negotiations with the European Parliament are not indicated in the material.
The exact scope of direct application by the Commission, the definition of conduct attributable to dark patterns and the treatment of AI agents that complete purchases on behalf of users also remain to be clarified, and the source does not specify them. These are issues that will determine the reform's actual impact on businesses and consumers.
The starting point, confirmed by the material, is the presentation of the proposal on November 11, 2026, with the replacement of Directive 2005/29/EC: the coverage is based on this, while any assessment of the practical consequences will have to await the final text and its legislative process.
