Digital Fairness Act: von der Leyen announces measures against social media dependency and child protection
Ursula von der Leyen spoke today at the European Summit on Artificial Intelligence and Children in Copenhagen with clear words: "Children are not commodities and no technology company in the world should be allowed to treat them as such." This is a direct message to major digital platforms, reigniting the spotlight on the Digital Fairness Act (DFA), the legislative proposal that the European Commission plans to present by the end of 2026.
Von der Leyen has concretely opened the possibility of introducing a European ban on social media access for minors, which could come as early as the end of summer. The decision will depend on the recommendations of a panel of experts on online child safety, whose work is expected in the coming weeks. If the conclusions warrant it, Brussels could act even before the French law due in September.
What is the Digital Fairness Act and why is it being introduced?
The Digital Fairness Act is a legislative proposal from the European Commission intended to fill the gaps left by existing regulations. The Digital Services Act (DSA) and the Digital Markets Act (DMA) address online content moderation and competition among major platforms, respectively, but do not directly address unfair trading practices that influence consumer choices daily. The DFA exists precisely for this: to put an end to those often invisible digital techniques that manipulate behaviors, create dependency, and exploit individuals' vulnerabilities.
The proposal is classified in the European Commission's work program under the priority "Protecting democracy, defending our values," as stated in the legislative calendar of the European Parliament.
Dark patterns: enough with the misleading interfaces
One of the main targets of the DFA is the so-called dark patterns, or those digital interfaces intentionally designed to push users to do things they do not want to do: accepting unwanted terms, sacrificing their privacy, or signing up for paid services without realizing it. Current regulations are not sufficiently effective in countering them. The Digital Fairness Act will introduce more precise definitions and stricter penalties for those who continue to employ these practices.
Furthermore, the Digital Fairness Act targets all those psychological mechanisms that platforms use to keep users glued to their screens as long as possible. Features like auto-playing videos, infinite scroll, constant notifications, and psychological reward systems are all designed not to improve the user experience, but to maximize usage time at the expense of well-being. The DFA will explicitly prohibit these.
With the proliferation of sponsored content on social media, the distinction between a personal post and an advertisement has become increasingly blurred. The DFA will also require influencers and platforms to clearly and unequivocally signal every promotional content.
The Digital Fairness Act will also prohibit so-called unfair personalization, which is the practice of using users' data to exploit their psychological fragility, age, economic situation, or other elements of vulnerability for commercial purposes. Manipulative recommendation systems and discriminatory dynamic pricing fall into this category and will be explicitly banned.
Digital subscriptions: simpler cancellations and clearer contracts
How often have you found yourself subscribed to a service that seemed impossible to cancel? The DFA will intervene to simplify digital contracts and make cancellation of subscriptions mandatory accessible. Nevertheless, protecting the youngest remains the central pillar of the entire proposal. In addition to the possible introduction of a minimum age for access to social media, the DFA mandates responsible digital design for all services accessible to minors. The European Commission is also working on an age verification system based on existing digital identity infrastructures in the Member States, aiming to standardize it across the Union.
Despite the strongly consumer protection-oriented framework, the Digital Fairness Act also aims to simplify the regulatory landscape for businesses, particularly for SMEs. Revising certain informational obligations in digital contracts and establishing uniform rules across the EU will reduce the bureaucratic burden for companies operating in multiple European markets, aiming to foster a clearer and more predictable environment for all sector operators.