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 34 in the full document

Article 34 Disclosure of evidence concerning commercial practices in the online environment

(1)

In addition to the powers referred to in Article 33, national courts and administrative authorities shall have powers enabling them, in the civil or administrative proceedings referred to in Article 30 and Article 32, at the request of a claimant that has presented facts and evidence sufficient to support the likelihood of an unfair commercial practice in the online environment, or where the relevant administrative authority has a reasonable suspicion of an unfair commercial practice in the online environment, to require traders to disclose, in an easily accessible and understandable manner, relevant evidence in relation to the design, operation and impact on the behaviour of consumers of the relevant commercial practice.

National courts and administrative authorities shall have powers enabling them to impose penalties if the trader supplies incorrect, incomplete or misleading information under sub-paragraph 1 or does not supply such information within the required time-limit.

(2)

The disclosure of evidence pursuant to paragraph 1 shall be limited to what is necessary and proportionate.

(3)

When determining whether the disclosure of evidence is necessary and proportionate, national courts and administrative authorities shall consider the legitimate interest of the trader and any other party to the proceedings, in particular in relation to the protection of trade secrets.

(4)

Member States shall lay down the rules on penalties applicable to the failure to disclose the evidence referred to in paragraph 1.

(5)

National courts or administrative authorities may consider a failure to disclose the evidence referred to in paragraph 1 as a relevant element in establishing the unfairness of a commercial practice, based on the circumstances of the case together with other relevant evidence.