EU to blacklist ten online design 'traps', leaked draft shows

The European Commission plans to ban ten manipulative website and app designs outright, according to a draft of the Digital Fairness Act seen by Euronews. The proposal, due to be presented on Wednesday, would bar loot boxes and pay-to-win features for children in video games, require a "terminate the contract here" button for online subscriptions, and let the Commission fine companies up to 6% of their global turnover.

At the heart of the text is a new list of "dark patterns" deemed unfair in all circumstances, meaning authorities would no longer have to prove harm case by case. The banned practices include false claims that stock is running low, pre-ticked add-ons, nagging pop-ups, drip pricing where unavoidable fees appear only at checkout, "was/now" discounts calculated against a manufacturer’s recommended price rather than a competitor’s real one, and misleading claims by dropshippers.

Children receive particular attention. Paid loot boxes and pay-to-win mechanics would be banned for minors in video games. In-game currencies would have to show their real-money value and be switched off by default for children unless a parent approves. Advertising based on profiling minors would be prohibited for all traders, not only the large platforms already covered by the Digital Services Act.

All users would gain the right to switch off autoplay, notifications unrelated to their own activity, streak-style rewards and chatbot features that simulate relationships to keep people engaged. Free trials could no longer roll into paid subscriptions unless the consumer actively agrees. Customers would also get reminders before automatic renewals and the right to speak to a human in customer service.

In a first for EU consumer law, the draft sets rules for AI shopping agents. Users would choose which purchases they must approve, and agents would have to disclose sponsored suggestions.

The Commission’s impact assessment estimates the rules would spare consumers €88.4 billion in financial losses between 2025 and 2035. Including time lost to unfair practices, it puts the annual benefit at €13.7 billion, against recurring costs to business of €678 million a year once overlaps between measures are accounted for.

The draft would replace the EU’s 2005 Unfair Commercial Practices Directive with a regulation that applies directly in all 27 member states. The Commission could add new tricks to the list without returning to lawmakers. The regulation would apply 12 months after entering into force. It must first be agreed by the European Parliament and member states.

The proposal already faces resistance from Berlin. In a non-paper dated 14 October, reported by Agence Europe, the German government argued that existing consumer directives should be amended rather than a new horizontal law created. It also said the case for converting the Unfair Commercial Practices Directive into a regulation "has not yet been sufficiently demonstrated". Consumer Commissioner Michael McGrath, who is steering the file, has sought to reassure industry. Speaking at a retail summit in Brussels last year, as reported by Euronews, he described the law as "both a pro-consumer and pro-business initiative" that would ease administrative burdens. A Commission spokesperson told Euronews Next the body "does not comment on leaks."