The Digital Fairness Act (DFA) initiative announced by the European Commission may significantly change the way e-commerce businesses are designed and operated throughout the European Union. Although the draft itself is not expected to be presented until Q4 2026, the regulatory direction is already clear enough: reducing bureaucratic protection based on information obligations in favor of real control over consumer decision architecture.

For the e-commerce industry, this represents a potential risk of interference in areas previously considered part of a marketing strategy, as well as a change in how interfaces are designed and data is utilized.

Regulatory risk in conversion optimization

Today, online stores can operate based on: A/B testing, behavioral psychology, limited availability mechanisms, time pressure, or user segmentation. Previously, the evolving boundary between "effective marketing" and "manipulation" could be assessed from the perspective of misleading consumers. However, the DFA may shift this boundary towards evaluating design intent and behavioral effect.

Dynamic pricing and personalization as areas of increased risk

Many e-commerce entities currently use tools such as algorithmic pricing, personalization of discounts, or differentiating offers depending on user behavior. If the DFA introduces restrictions on exploiting consumer vulnerabilities, businesses will have to ask themselves a fundamental question – does the personalization model used not overly exploit informational advantage? The use of such tools may be associated, for example, with the obligation to explain recommendation mechanisms or to limit the segmentation of vulnerable user groups.

Regulatory pressure on subscriptions and subscription models

The Commission pays particular attention to subscription, freemium, and automatic service renewal models. It is no longer just about the ease of cancellation; the problem is considered much more broadly – the construction of "trial period" messages, default consent selections, mechanisms for reminding about the end of the promotional period, and the way the price is presented after the "free" period may all be evaluated.

New category of risk management

Until now, e-commerce compliance focused on terms and conditions, privacy policies, and information obligations.

The DFA may introduce the need to manage a new area – design compliance. In practice, this may mean the necessity to document design decisions, analyze the impact of the interface on user behavior, audit the purchasing path for compliance and proportionality of its impact, or create internal design standards.

Sponsored offers, product listings

Online store sellers or marketplace operators may be subject to additional obligations, e.g., the need for greater transparency of sponsored offers or publication of rules for the algorithm sorting results.

Summary

The consultations conducted by the Commission indicate that the goal of the DFA is, in particular, to supplement the existing legal framework with more detailed rules, adapted to the digital context, regarding design practices affecting consumer decisions online.

Will the DFA change competitive advantage? The primary assumption of the project is to limit aggressive conversion practices, level the playing field, and reward transparent sales models. In the long run, the regulation can undoubtedly favor entities building relationships based on trust, and not solely on user behavior optimization.

Although the DFA project has not yet been published, businesses should already analyze the conversion-increasing mechanisms they use, identify potential areas of aggressive personalization, evaluate their subscription models, and consider implementing internal design standards consistent with the principle of transparency.

If you are looking for support in preparing for and implementing solutions resulting from the Digital Fairness Act, please contact our team: https://ecommercelegal.pl/pages/contact

Article prepared by Emilia Brzozowa, lawyer at ecommerce.legal