How to Shape a Fair Digital Future: A Step-by-Step Guide for EU Policymakers

Introduction

As the European Union moves into a new enforcement era for digital laws like the Digital Services Act, the Digital Markets Act, and the AI Act, the proposed Digital Fairness Act (DFA) presents a critical opportunity to protect users from deceptive practices and power imbalances. This guide walks you through the essential steps to embed real fairness into the DFA, focusing on banning dark patterns, curbing surveillance-based business models, and strengthening user sovereignty—without resorting to invasive measures like age verification mandates. Follow these steps to ensure the DFA addresses root causes of harm rather than imposing superficial controls.

What You Need

• Familiarity with the EU’s current digital regulatory framework (DSA, DMA, AI Act)
• Access to the European Commission’s “Digital Fairness Fitness Check” report
• Stakeholder input from consumer rights groups, digital rights organizations (e.g., EFF), and tech industry representatives
• A clear understanding of dark patterns and commercial surveillance tactics
• Legal and policy analysis tools for drafting amendments or recommendations
• Commitment to fundamental rights: privacy, freedom of expression, and user sovereignty

Step-by-Step Guide to Achieving Digital Fairness in the EU

Step 1: Define the Core Problem of Digital Unfairness

Start by recognizing that unfairness in digital markets stems from structural imbalances, not isolated bad behavior. The fitness check has revealed that existing consumer rules are outdated for digital contexts. Key issues include:

• Dark patterns that manipulate choices
• Exploitative personalization driven by surveillance
• User lock-in and coercive contract terms

Tip: Focus on the root causes, not surface-level fixes. Avoid proposals that require more platform control over users, such as mandatory age verification.

Step 2: Prioritize Privacy Over Surveillance

The DFA must center privacy as a non-negotiable principle. Do this by:

• Prohibiting business models that rely on extensive data collection without meaningful consent
• Banning deceptive data-sharing defaults that trick users into giving up more data than intended
• Aligning with GDPR to ensure consistent enforcement

Example: Require platforms to offer privacy-preserving defaults and transparent data-use labels.

Step 3: Ban Dark Patterns Explicitly and Comprehensively

Current law (including the DSA) only partially bans dark patterns. To close the gaps, take these actions:

1. Adopt a clear, technology-neutral definition of dark patterns: any interface design that impairs informed and autonomous decision-making.
2. Prohibit specific tactics like forced enrollment, confusing cancellation flows, and disguised ads.
3. Enforce through consumer protection agencies without mandating specific design choices (avoid prescribing UI details).

Internal anchor: See Tips for further nuance on dark pattern bans.

Step 4: Tackle Commercial Surveillance at Its Core

Many digital unfair practices are funded by surveillance advertising. Address this by:

• Restricting the use of personal data for behavioral targeting unless users give explicit opt-in consent
• Limiting the data that platforms can collect to what is strictly necessary for providing the service
• Requiring algorithmic transparency for personalized pricing and content ranking

This step directly undermines the business incentives that drive dark patterns and manipulative personalization.

Step 5: Strengthen User Sovereignty and Reduce Lock-In

User sovereignty means giving people real control over their digital lives. Implement these measures:

• Mandate data portability and interoperability to prevent vendor lock-in
• Ban coercive contract terms that force users to waive rights or accept unilateral changes
• Require default settings that serve user interests, not platform profits

This also supports broader European digital sovereignty by empowering users to switch services freely.

Step 6: Ensure Consistent Enforcement Across Laws

The DFA should not create new silos. Align enforcement with existing frameworks:

• Coordinate with enforcers of the DSA, DMA, GDPR, and consumer protection directives
• Establish clear penalties for violations, including fines proportional to global revenues
• Create a mechanism for user and civil society complaints to trigger investigations

Step 7: Avoid False Solutions That Undermine Rights

Be wary of proposals that seem to protect users but actually erode privacy and freedom. Specifically reject:

• Mandatory age verification that leads to blanket surveillance of all users
• Content moderation requirements that force platforms to scan private communications
• Any measure that shifts the burden of proof onto users rather than platforms

Instead, focus on empowering users with information and genuine choice.

Step 8: Build Trust Through Transparency and Accountability

Finally, embed transparency obligations into the DFA. Include:

• Public algorithms impact assessments for high-risk systems
• Annual fairness audits conducted by independent bodies
• User-friendly explanations of how personal data is used and monetized

When users understand the system, they can make informed decisions – the ultimate goal of digital fairness.

Tips for Success

• Dark pattern bans: Avoid vague definitions – be specific about banned practices (e.g., confirm shaming, trick questions) while allowing room for innovation.
• Engage with civil society organizations like EFF early in the drafting process to ground policy in real user experiences.
• Remember that fairness is not a feature; it’s a structural condition. Every provision should ask: does this reduce platform power or merely transfer it?
• Use pilot enforcement cases to test the DFA’s effectiveness before expanding to all digital services.
• Keep consumer protection and data protection agencies equipped with the resources and expertise to enforce these new rules.

By following these steps, EU lawmakers can create a Digital Fairness Act that genuinely protects users, fosters competition, and upholds fundamental rights – setting a global benchmark for fair digital markets.