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 13 in the full document

Article 13 Personalised pricing

Traders shall not personalise the price based on profiling, as defined in Article 4, point (4) of Regulation (EU) 2016/679 in a manner that is reasonably likely to cause harm to the consumer where:

(a)

the trader is aware with reasonable certainty that the consumer is a minor;

(b)

the trader is aware with reasonable certainty that the consumer is vulnerable due to their age, credulity, disability or personal circumstances.

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