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 17 in the full document

Article 17 Addictive design

(1)

Traders that design, organise or operate their digital products in a manner that is intended, or can reasonably be foreseen to encourage compulsive or excessive use, shall make available to consumers, in an easily accessible manner, effective tools enabling them to disable, individually or all at once, the following features that encourage such use:

(a)

features enabling automatic play of content and uninterrupted content consumption without effective and regular interruption moments that enable deliberation by the consumer on their willingness to consume more content;

(b)

notifications not triggered by, or not directly related to, the consumer’s interaction or activity on the service;

(c)

features incentivising engagement at regular times or with greater frequency, including through penalties or loss of benefits for failing to engage regularly or within specified time intervals;

(d)

features and system behaviours that encourage continued use by simulating interpersonal relations, such as persistent prompts to continue engaging with an automated system.

This article does not apply to traders subject to Articles 9, 14 and 15 of Regulation (EU) [EU KIDS Act] for practices concerning minors.

(2)

The Commission is empowered to adopt delegated acts in accordance with Article 37 to amend the list of features in paragraph 1 by adding or modifying features in the light of technological and market developments, consumer behavioural research and enforcement experience by the competent authorities and the Commission, where such amendments are necessary to maintain the high level of consumer protection provided for by this Regulation.