
What happened
EU Justice Commissioner Michael McGrath will present the draft Digital Fairness Act on Wednesday, November 11. It blacklists ten manipulative design practices and lets users switch off auto-play, streak rewards and relationship-simulating chatbot features.
Why it matters
The proposal treats companion-style chat features the same as auto-play and streaks, putting them on a list of practices the EU considers manipulative.
WHO IT HITSConsumer-facing app and chatbot developers operating in the EU may need to offer opt-outs for engagement features such as relationship-simulating bots, auto-play and streaks, while compliance teams at those companies would face a new blacklist to audit against. The 6% turnover penalty threat raises the cost of non-compliance for large platforms.
Summaries like this, every morning.
The draft Digital Fairness Act arrives as the European Commission tries to extend its digital rulebook beyond the Digital Services Act and the AI Act. The proposal's blacklist of ten manipulative design practices, including false claims that stock is running low, pre-ticked add-ons, and nagging pop-ups, signals a focus on interface-level tactics rather than platform content. The chatbot clause is notable because it places relationship-simulating AI features in the same regulatory bucket as auto-play and streak rewards, suggesting the Commission views prolonged engagement mechanics as a consumer protection issue regardless of whether AI is involved.
Within the Commission, the approach is not uniform. McGrath has reportedly argued for stronger direct enforcement powers, while digital chief Henna Virkkunen warned that overlapping obligations could make the EU rulebook harder to apply. That tension will shape how the draft is negotiated with EU countries and the European Parliament, a process that must be completed before any of the measures become law. For now, the proposal's final scope, including the 6% turnover penalty threat, remains subject to change.
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