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 12 in the full document

Article 12 Personalised advertising

Traders shall not target advertisements to a consumer based on profiling as defined in Article 4, point (4) of Regulation (EU) 2016/679:

(a)

by using personal data of the consumer where the trader is aware with reasonable certainty that the consumer is a minor;

(b)

where the trader uses special categories of personal data of the consumer referred to in Article 9(1) of Regulation (EU) 2016/679 in a manner that is reasonably likely to cause harm to the consumer.

Compliance with the obligations set out in this Article shall not oblige traders to process additional personal data to assess whether the consumer is a minor.

This provision does not apply to providers of online platforms to whom Section 3 of Chapter III of Regulation 2022/2065 applies.