Think about the last thing you did before going to sleep, and the first thing you did when you woke up. Look around you on the bus or the metro. We are hooked on our devices and the online services behind them.

That is not a personal failing. It is by design, part of a business model.

Digital products that we use daily – whether apps, social media platforms or online marketplaces – make their profits by exploiting our attention, our mental health and our vulnerabilities.

Feeds that never end, subscriptions that are near impossible to cancel, and fake countdowns that push us to click and buy on impulse are no accident. They are deliberate design features with a direct impact on our wellbeing and our wallets.

Today, the European Commission is presenting the Digital Fairness Act (DFA) as a proposal to fight these and other unfair online practices.

It is one of the few initiatives of this legislative term through which Europe can improve people’s lives by strengthening their consumer rights and helping them save money.

Unfair commercial practices are estimated to cost European consumers close to €8bn a year. Whether or not the DFA will become a game changer in the fight against addictive and manipulative design will depend on the ambition the EU shows.

Read more

Digital Fairness Act: EU cracks down on influencer ads and manipulative app design

Despite the clear need for digital fairness, new rules will face opposition from some quarters, notably US Big Tech.

It runs against their push to deregulate under the guise of “simplification”, and it could risk triggering transatlantic retaliation from the US administration.

Some may also argue that we already have rules: the Digital Services Act (DSA), they will say, already tackles dark patterns and addictive design. It does not, at least not fully, not for all consumers and not across all digital spaces.

We need to remember that 97 percent of the most popular apps and websites still use them, so the rules currently in place have not put an end to this online manipulation.

Concrete demands

As Socialists & Democrats, we have a clear vision of what a strong DFA can deliver for consumers. Our concrete demands are:

Ban dark patterns. Things like subscription traps, long click paths to cancel, free trials that turn into paid plans without warning, forced registration, fake other people are viewing this alerts, and items that appear in your basket at checkout should all be prohibited outright.

Restrict addictive design for all consumers. Features such as endless scrolling should be restricted for everyone, not only children. The bill recently proposed in the Netherlands can serve as an inspiration for Europe.

Make influencers and the money behind them accountable. Influencers who promote illegal or fraudulent products should be held personally responsible. Commercial deals must be disclosed clearly, not hidden as “#ad” at the end of a hundred hashtags. Those paying influencers also need to be held to account. The products they promote can damage people’s health as well as their finances.

Put an end to manipulative pricing. Imagine queuing for an ice cream on a sunny Saturday, only to find that it now costs €6 instead of the €3.50 you paid last week – just because it’s hotter and busier. This is unfair pricing, and we want it to be banned in transport, live entertainment, culture and sport. Concerts and matches should not only be for the rich. A car ride should cost the same regardless of your background, your data or your phone’s battery level. People want transparency, but they also want limits, especially in emergency situations, when they are most vulnerable and have no control over the circumstances. 

Stop gambling-like features in games. Most gamers are adults, not children. Loot boxes and pay-to-win mechanisms should be prohibited so that everyone can play without being manipulated or trapped. This is also a matter of affordability: consumers should not feel forced to buy more than they want to.

The principle is simple: fairness and safety, by design and by default, should be the rule for every company, whether it runs an app, a social network or an online marketplace. This would also protect the many honest businesses that are undercut today by competitors willing to manipulate their customers.

At the end of the day, this is also about who holds power online.

Holding Big Tech companies accountable for how their services shape our behaviour, through surveillance-based ads, harmful content and addictive design, is part of regaining Europe’s digital sovereignty.

The EU Commission has the evidence, the mandate and our backing. The EU Kids Act, was an important step forward in protecting minors online. Let’s see if Ursula von der Leyen’s executive now shows the same determination to ensure a safer online space for everyone, children and adults alike.

We will assess the DFA by one test: will it make people’s lives online safer, fairer and more affordable? Consumers should not have to wait any longer to be protected online.

Reining in Big Tech is a top priority for us, and we’ll be fighting to make sure this legislation protects us all online.