EU digital fairness proposal targets consumer protection gaps

Dark patterns are interface features that steer people toward particular choices, Busch said. One example is “confirmshaming”: after a customer declines insurance while buying a ticket online, a pop-up might ask whether they really want to carry the risk for themselves and their family.

Busch said existing rules leave gaps. The Digital Services Act covers online intermediary services, including platform issues such as recommender systems and advertising, but not all web shops or online gaming business models. The EU Kids Act focuses on minors, while addictive design can also affect adults, including through gamification in online shopping.

He argued that the new proposal should fill specific gaps through targeted amendments, rather than simply add another layer of regulation. Research into addictive design, subscriptions, dark patterns and engagement-maximising design has been underway for years, he said; the task now is to translate those findings into rules.

Clearer, more targeted provisions could benefit both consumers and businesses, Busch said, provided the requirements do not become too burdensome for companies. The challenge is to strike that balance, he added.