On 9 November 2026, Reuters, Bloomberg and other outlets reported on a draft of the European Commission's Digital Fairness Act, which Justice Commissioner Michael McGrath is due to present on 11 November. The draft would turn the 2005 Unfair Commercial Practices Directive into a regulation applying directly in all 27 member states, taking aim at dark patterns and addictive design — and AI chatbots are written into the draft too.
Ten dark patterns blacklisted outright; AI companions must offer an off switch
The draft's annex lists ten dark patterns that count as unfair in all circumstances, including fake stock counters, pre-ticked add-ons, cancellation mazes, repeated pop-ups and fabricated notifications. Enforcers would not need to prove harm case by case, and the list can later be extended by delegated acts. Article 17 requires traders to let adults switch off, individually or all at once, features that encourage compulsive or excessive use — autoplay and streak rewards are named, as are AI chatbot features that keep users engaged by simulating personal relationships. The draft does not require these features to be off by default. Personalised advertising targeting children or vulnerable consumers would be banned; loot boxes and pay-to-win items are banned for minors too, and in-game virtual currencies must be off by default for minors, switchable on only with a parent's or guardian's consent.
Three things product teams should change first
First, audit which features simulate human relationships or stretch out interaction, give each one a switch users can turn off individually, and keep records of the switches and user choices. Then work through the ten-item list interface by interface: are stock figures real, are add-ons pre-ticked, is cancelling harder than signing up, are pop-ups and notifications truthful? Subscriptions and pricing need the same treatment: online subscriptions of six months or more must remind users between one month and 14 days before renewal, with a prominent, easy-to-find cancellation option; dynamic pricing must state how many tickets remain at the advertised price and the maximum a consumer may have to pay. The rules cover any online service aimed at EU consumers, not only the largest platforms.
How big are the fines — and what could still change?
The penalties are substantial: the Commission could fine traders up to 6% of worldwide annual turnover, and member states must set fines of at least 4%. But the draft is not law yet. The official text is published on 11 November and may still change, and it must then pass the European Parliament and member states before applying 12 months after adoption; the German government has already argued for amending existing directives instead of a new law, according to media reports. New York's chatbot law covers minors only, while the EU draft protects adults too — a wider scope. And the EU AI Act governs models and high-risk uses, whereas this act governs interface design and commercial behaviour; the two run in parallel.
