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 28 in the full document

Article 28 Unsolicited commercial communications

(1)

Traders shall not use automated calling systems without human intervention (automatic calling machines), SMS, MMS or electronic mail for the purposes of direct marketing without the consumer’s prior consent within the meaning of Article 4, point (11) of Regulation (EU) 2016/679.

(2)

Notwithstanding paragraph 1, where a trader obtains from its customers their electronic contact details for electronic mail, in the context of the sale or supply of a product, in accordance with Regulation (EU) 2016/679, that trader may use these electronic contact details for direct marketing of its own similar products provided that consumers clearly and distinctly are given the opportunity to object, free of charge and in an easy manner, to such use of electronic contact details at the time of their collection and on the occasion of each message in case the consumer has not initially refused such use.

(3)

Traders shall not call a consumer for the purposes of direct marketing, using communication systems other than those referred to in paragraph 1, without the consumer’s prior consent within the meaning of Article 4, point (11) of Regulation (EU) 2016/679 or, where provided for by national law of the Member State of the consumer’ residence, where the consumer has opted out from receiving such unsolicited communications in a manner determined by the Member State which shall be free of charge for the consumer.

(4)

Traders shall, in every electronic mail for the purposes of direct marketing, indicate a valid electronic mail address to which the recipient may send a request that such communications cease and shall not encourage consumers to visit websites that contravene Article 6 of Directive 2000/31/EC.