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 36 in the full document

Article 36 Right of recourse

(1)

Where the trader is held liable for an unfair online commercial practice under Articles 30 and 32 of this Regulation, and where such liability results from the act or omission of another person with which the trader has a commercial relationship, or where the act or omission of another person with which the trader has a commercial relationship contributed to such liability, that trader shall be entitled to pursue remedies against that person.

(2)

Member States shall ensure that effective, proportionate and dissuasive remedies exist enabling traders to exercise the right of recourse referred to in paragraph 1.