If you’re in digital marketing, you’ve probably noticed that the rules of the game are constantly changing. Just when you’ve finally wrapped your head around GDPR and cookie banners, here comes another big shift that might shake up how we connect with users online. Say hello to the Digital Fairness Act (DFA) — a proposed regulation from the European Commission that’s making headlines and raising eyebrows across the industry.
While it’s still in its consultation phase, this law could redefine how we handle personalization, influencer collaborations, and those sneaky “dark pattern” UX tricks. And no — it’s not just about Europe. If your business touches the EU in any way (ads, users, email lists), this affects you too.
So, what exactly is the Digital Fairness Act? Let’s break it down in simple terms and talk about what it might mean for your business — whether you’re running ads, managing influencers, or building websites that convert.
First, What Is the Digital Fairness Act?
The Digital Fairness Act is a legislative proposal currently under development by the European Commission, aimed at curbing unfair digital marketing and design practices. Think of it as the next big move after GDPR. The goal? To give people more control, clarity, and transparency online.
This Act focuses on protecting consumers from:
- Dark patterns – misleading design tricks that push people to take actions they might not really want to take.
- Unfair personalization – targeting people in ways they don’t understand or agree to.
- Sneaky contracts – those confusing subscription terms you only realize are recurring after your card gets charged.
- Undisclosed influencer ads – when content creators blur the line between personal opinion and paid promotion.
The public consultation phase began in Spring 2025, and if all goes according to plan, the law could be formally proposed by late 2026. You can read more about the scope and goals of the DFA on Wikipedia’s summary.
Why Is This Happening Now?
The truth is, online experiences have gotten a bit… murky. Between popup fatigue, endless consent forms, and offers that seem tailored to trick you, many consumers are starting to feel like the internet is working against them.
According to a 2023 survey by the European Consumer Organization, over 60% of online shoppers felt misled by default settings, pre-checked boxes, or unclear subscription models.
Meanwhile, influencer marketing has become a billion-dollar industry, but transparency hasn’t always kept up. Many people still can’t tell the difference between a genuine review and a paid post. And that’s a problem.
The EU is stepping in to say: “enough.” The Digital Fairness Act is about realigning the internet with user-first principles. In other words — just be honest and fair.
For the latest updates, news and developments, visit the Digital Fairness Act website.
What Will It Change for Marketers?
If you’re a business owner, marketer, or agency working with clients in or outside Europe, the DFA might feel like a curveball. But it doesn’t have to be. Here’s what the key changes could look like and how to adapt.
1. No More “Dark Patterns”
Let’s be real — we’ve all clicked the big green “Accept All” button just to get rid of a popup, only to find out later we gave permission for more than we thought.
These types of UI tricks (like hiding the “Reject” button, pre-selecting options, or using guilt-inducing wording like “Don’t miss out!”) could become non-compliant under the DFA.
✔ What to do instead: Use clear, balanced wording. Make “accept” and “reject” options equal in visibility. Design like you’re building trust, not just trying to hit numbers.
2. Influencer Marketing Rules Just Got Stricter
Under the new Act, influencers will likely be required to clearly and obviously disclose any paid partnerships, sponsorships, or affiliate promotions. The days of burying #ad in a sea of hashtags or putting disclosures in tiny font at the end of a 60-second Reel? Those are numbered.
✔ What to do instead: Collaborate with creators who value honesty and authenticity. Add guidelines in your contracts that require full disclosure, and monitor posts to ensure compliance.
3. Personalization Must Be Transparent
Personalized pricing and product recommendations are great — until they feel creepy or manipulative. Under the DFA, you might need to explain how recommendations are made and offer users the chance to opt out of profiling altogether.
✔ What to do instead: Offer “why you’re seeing this” explanations for personalized content, similar to how Google and Facebook already do with ads.
Speaking of which, Google recently updated its AI ad strategies, showing just how deeply AI personalization is becoming part of marketing today. The DFA might push tech giants — and small businesses alike — to rethink their personalization strategies.
4. Contracts, Subscriptions, and T&Cs Will Be Watched Closely
Auto-renewals, free trials turning into charges, and hidden cancellation terms are all on the chopping block. The DFA aims to make digital agreements more honest and easy to understand.
✔ What to do instead: Write your terms in plain language. Send email reminders before renewals. Make cancellation as easy as signup.
Remember, simplicity builds trust. And trust builds conversion.
Will This Only Affect European Businesses?
Nope.
If your website or marketing targets even a single EU citizen, you’ll likely need to comply — just like with GDPR. So even if your business is based in India, the US, or anywhere else, this Act can still impact you.
Also, trends that begin in the EU often spread globally. Many privacy and transparency regulations in California, Canada, and India have taken cues from the EU’s regulatory playbook.
So, Is This Bad for Marketers?
Not really. It’s just… different. The DFA might feel like a speed bump, but in the long run, it’s pushing us to be better. It rewards brands that value transparency, fairness, and user-first experiences.
Let’s face it — no one likes to feel tricked online. If we make the internet more respectful and honest, it’s not just users who benefit — brands do too. People are more likely to engage with companies they trust.
At Real Rank Riser, we’re already helping clients build compliant, ethical, and effective digital strategies. Whether it’s SEO that prioritizes helpful content or ad campaigns that skip the tricks, we believe the future of digital marketing is transparent and fair.
Wrapping Up
The Digital Fairness Act isn’t here to make life harder for marketers. It’s here to raise the standard. By embracing clarity, honesty, and user respect, we’re not just checking legal boxes — we’re building better brands.
So if you’re planning your next big marketing push, now’s the time to review your funnels, fix your forms, and talk to your influencers about being real. It’s not just the right thing to do — it might soon be the law.
Want help making your marketing future-proof and compliant with upcoming regulations like the DFA? Let’s talk.