Digital Fairness Act
Source

Leaked draft · no COM or procedure number

Unofficial leaked draft of the Commission proposal · supplied 9 November 2026

Text of an unofficial leaked draft, not an adopted Commission proposal. Original wording, numbering and placeholders are preserved.

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on promoting fair business-to-consumer commercial practices in the offline and digital single market, and repealing Directive 2005/29/EC (Digital Fairness Act)

Leaked draft · unofficial text

Read Article 10 in the full document

Article 10 Dark patterns

(1)

Traders shall not design, organise or operate their online interfaces, including visual, auditory and other components thereof, in a manner that is likely to deceive or manipulate consumers, or in a manner that is likely to otherwise materially distort the economic behaviour of consumers.

(2)

Part III of Annex I contains a list of dark patterns which shall in all circumstances be regarded as unfair.

(3)

The Commission is empowered to adopt delegated acts in accordance with Article 37 to amend the list referred to in paragraph 2 by adding or by modifying dark patterns in the light of technological and market developments, consumer behavioural research and enforcement experience by the competent authorities and the Commission, provided that such an amendment is necessary to maintain the high level of consumer protection provided for by this Regulation.