Leaked EU Digital Fairness Act Draft Would Blacklist Dark Patterns and Add AI Shopping-Agent Rules
Outlets that saw the draft say it would curb manipulative design and addictive features ahead of the European Commission's planned November 11 presentation; it is a proposal, not law, and would still need the European Parliament and member states.
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Illustrative photo of a laptop keyboard with a shopping-cart key; it is not the leaked draft, the European Union, or any specific retailer. Photo: athree23 / Pixabay, Pixabay Content License.
A leaked draft of the EU's Digital Fairness Act, which the European Commission is due to present on Wednesday, November 11, would blacklist ten manipulative design practices, according to Euronews. Euronews says it would also let users switch off autoplay, notifications unrelated to their activity, streak-style rewards and chatbot features that simulate relationships to keep people engaged, and would set rules for AI shopping agents. Reports on the draft say the Commission could fine companies up to 6% of global annual turnover in cases it handles itself.
This is a draft proposal that can still change, not law. It would need agreement from the European Parliament and member states, and per the draft it would apply 12 months after entering into force. A Commission spokesperson told Euronews it "does not comment on leaks."
Euronews, Reuters, AFP and Bloomberg each reported seeing draft documents, and Contexte published a 71-page draft. Those are reports on the same leaked text, not independent confirmation of final content. DailyMech did not read the leaked document, Bloomberg's article or MLex; Bloomberg's reporting appears here only as relayed by Investing.com and a Techmeme headline.
At a glance
| Reported provision | Reported by | Status |
|---|---|---|
| Ten practices unfair "in all circumstances" | Euronews (count, list); Reuters (general ban) | List rests on one outlet |
| Switch-off for autoplay, unrelated notifications | Euronews, Reuters, AFP | Same leak, not final text |
| Streaks, relationship-simulating chatbot features | Euronews; Bloomberg via Investing.com | Switch-off, not a ban |
| AI shopping-agent rules | Euronews only | One outlet |
| Commission fines up to 6% of turnover | Euronews, Reuters, Contexte, Bloomberg relay | Same leak, not final text |
| Regulation replacing the 2005 directive | Euronews, DFA newsletter | Draft framing |
The blacklist and the switch-off rights
Euronews reports the draft would create a list of practices deemed unfair "in all circumstances," so authorities would not need to prove harm case by case. The Commission could add practices without returning to lawmakers.
Euronews' ten: making cancelling disproportionately harder than signing up; burying prices or auto-renewal terms; falsely suggesting there is no alternative; false or unqualified availability or popularity claims; scarcity warnings repeated throughout checkout; pre-selected options adding products or quantities; framing a refusal as the wrong choice; repeatedly pressing users to change a choice already made; confusing double negatives; and fake notifications implying someone contacted the user.
Reuters, via CNA, reports only a general dark-pattern ban, and AFP mentions the availability-or-popularity example. The count and the full list rest on Euronews.
On engagement features, Euronews says all users could switch off the features named above. Bloomberg, as relayed by Investing.com, reported that companies would have to let adults disable features encouraging compulsive or excessive use, and that AI systems simulating relationships would be targeted. Reuters reports a right to switch off addictive features; AFP, autoplay and unrelated notifications.
For chatbots, the reported mechanism is a switch-off right, not a ban. How "addictive features" or simulated relationships would be defined is not established.
AI shopping agents and who would be covered
Only Euronews reports the shopping-agent rules, which it calls "a first for EU consumer law." Users would choose which purchases need their approval, and agents would have to disclose sponsored suggestions.
On scope, the draft would replace the 2005 Unfair Commercial Practices Directive with a regulation directly applicable in all 27 member states, according to Euronews and a newsletter summary of Contexte's draft. Euronews reports that the ban on advertising based on profiling minors would apply to all traders, not only the large platforms already covered by the Digital Services Act.
Other reported provisions include requiring active consent before a free trial converts to a paid subscription (Euronews) and barring paid loot boxes and pay-to-win features for minors (Euronews, AFP).
What happens next
Euronews, Reuters, AFP and Contexte report the Wednesday presentation date; the Commission's own consumer-law review page says only that the initiative is under preparation. Parliament and member states would then negotiate the text.
Germany circulated a non-paper dated October 14 that favored amending existing directives over a new regulation, according to Agence Europe as relayed by Euronews. Finance Watch's Peter Norwood told Reuters the dark-pattern proposals "go in the right direction" but lack ambition for consumers in financial services.
What to watch
The official proposal after the November 11 presentation, which DailyMech should recheck against the leaked text before publishing. Whether the ten-item list, chatbot switch-off and shopping-agent rules survive; how addictive features are defined; Parliament and member-state positions, including Germany's; the parallel Consumer Protection Cooperation reform tied to Commission fines; and industry and consumer-group responses.
How we reported this
On November 9 we read Euronews, Reuters via CNA, AFP, Investing.com's relay of Bloomberg, a Techmeme headline, Contexte's summary, a Digital Fairness Act newsletter summarizing Contexte's draft, and the Commission's review page. We could not read Bloomberg's article, MLex, the leaked document or the European Parliament's Legislative Train page. DailyMech contacted no one.
Published and fact-checked November 9, 2026.
Sources
- Euronews, Simon Ormiston, "EU to blacklist ten manipulative online design 'traps', leaked draft shows," November 9, 2026, 7:05 AM PST, updated 8:23 AM PST: https://www.euronews.com/2026/11/09/eu-to-blacklist-ten-manipulative-online-design-traps-leaked-draft-shows (fully readable; Euronews saw the draft; sole source for the count of ten, the full list and the AI shopping-agent rules)
- Reuters via CNA, "Companies risk fines of 6% global turnover for unfair digital trade practices, EU draft law shows," Brussels, November 9, 2026 (date only): https://www.channelnewsasia.com/business/companies-risk-fines-6-global-turnover-unfair-digital-trade-practices-eu-draft-law-shows-6536771 (fully readable; Reuters saw the draft)
- AFP, "EU to crack down on influencer marketing," November 9, 2026, 17:42 (no time zone shown): https://www.afp.com/en/eu-crack-down-influencer-marketing (fully readable; AFP saw documents)
- Investing.com, Luke Juricic, "EU drafts curbs targeting addictive social media features and AI chatbots - report," November 9, 2026, 11:21 AM (no time zone shown): https://www.investing.com/news/stock-market-news/eu-drafts-curbs-targeting-addictive-social-media-features-and-ai-chatbots--report-5012845 (fully readable; relays Bloomberg)
- Techmeme item summarizing Bloomberg's headline, archive snapshot as of 8:35 AM PST, November 9, 2026: https://www.techmeme.com/261109/p28 (headline summary only)
- Contexte, Marie Colin, "La Commission ne renonce à aucune ambition dans le Digital Fairness Act," 9 novembre 2026, 13h08 (no time zone shown): https://www.contexte.com/fr/article/tech/la-commission-ne-renonce-a-aucune-ambition-dans-le-digital-fairness-act_284313 (summary only; the leaked document was not accessible)
- Digital Fairness Act newsletter, James Tamim (EDPI), "Contexte publishes leaked draft of Digital Fairness Act," November 9, 2026: https://newsletter.digitalfairnessact.com/p/contexte-publishes-leaked-draft-of-digital-fairness-act (fully readable; summarizes Contexte's 71-page draft)
- European Commission, "Review of EU consumer law": https://commission.europa.eu/law/law-topic/consumer-protection-law/review-eu-consumer-law_en (fully readable; official background; no draft text or presentation date)
- Not read: Bloomberg's original article (URL not found); MLex, https://www.mlex.com/mlex/articles/2546584/digital-businesses-face-addictive-design-controls-under-draft-eu-consumer-law and article 2547839 (403; search snippets not used); European Parliament Legislative Train, https://www.europarl.europa.eu/legislative-train/theme-protecting-our-democracy-upholding-our-values/file-digital-fairness-act (timeout, then 403)
DailyMech used AI tools to help research and draft this article; it was fact-checked by our editors.