On Friday 19 December, the European Commission published the results of its public consultation on the future direction of its Digital Fairness Act, scheduled for the first quarter of 2026. The vast majority of respondents are calling on the institution to take a firmer stance on deceptive practices and other addictive aspects of social networks and online platforms.
According to the analysis of the consultation, which took place between July and October this year, 72% of respondents want the EU to adopt new “binding” rules on “dark patterns”, the deceptive design techniques used by online platforms to influence user behaviour (see EUROPE 13760/5). Seventy per cent want the same for addictive platform designs.
Certain details and features of the platforms were particularly recurrent in the responses. ‘Click fatigue’ (the constant need to accept cookies or other options in order to browse), the illusion of choice, and claims of urgency and scarcity (on a product displayed as ‘almost sold out’, for example) are cited first and foremost.
78% of respondents said that addictive design features, such as infinite scrolling or content personalisation, should be automatically disabled for minors’ accounts. 58% believe they should be deactivated for everyone, leaving the choice to the user.
Regarding video games, over 70% support measures to display in-game prices in real money, increase transparency about the chances of winning and allow users to opt out of certain features.
When it comes to personalisation practices, over 80% believe that measures should be introduced to restrict personalised advertising based on personal usage data and to ban personalised advertising targeting minors.
More than 7,500 participants responded to the public consultation. The Commission foresees its ‘Digital Fairness Act’ as a way to remedy certain shortcomings in its consumer protection law, particularly with regard to online practices (see EUROPE 13755/7).
Legislation long demanded by MEPs (see EUROPE 13731/12), but which could later fuel complaints from platforms against European regulations. The American giants, first in line, criticise the EU for excessive standards that stifle competition and innovation. (Original version in French by Isalia Stieffatre)