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 2 in the full document

Article 2 Scope

(1)

This Regulation shall apply to business-to-consumer commercial practices before, during and after a commercial transaction in relation to a product.

(2)

This Regulation is without prejudice to contract law and, in particular, to the rules on the validity, formation or effect of a contract.

(3)

This Regulation is without prejudice to Union or national rules relating to the health and safety aspects of products.

(4)

This Regulation does not prevent Member States from adopting provisions to protect the legitimate interests of consumers with regard to aggressive or misleading marketing or selling practices in the context of unsolicited visits by a trader to a consumer’s home or excursions organised by a trader with the aim or effect of promoting or selling products to consumers. Such provisions shall be proportionate, non-discriminatory and justified on grounds of consumer protection.

(5)

Member States shall notify the Commission without delay of any national provisions adopted on the basis of paragraph 4 as well as of any subsequent changes. The Commission shall make this information easily accessible to consumers and traders on a dedicated website.

(6)

This Regulation is without prejudice to the rules determining the jurisdiction of the courts.

(7)

This Regulation is without prejudice to any conditions of establishment or of authorisation regimes, or to the deontological codes of conduct or other specific rules governing regulated professions in order to uphold high standards of integrity on the part of the professional, which Member States may, in conformity with Union law, impose on professionals.

(8)

In relation to 'financial services', as defined in Directive 2011/83/EU, and immovable property, Member States may impose requirements which are more restrictive or prescriptive than those imposed by this Regulation, in conformity with Union law.