The Digital Fairness Act
The European Commission is preparing a major reform of consumer protection rules in the digital environment. Its recent Digital Fairness Fitness Check concluded that existing EU law is not sufficiently effective when it comes to addressing manipulative online practices. The proposed Digital Fairness Act (DFA), now in the call for evidence stage, is expected to introduce stronger safeguards against practices which encourage dark patterns in online interfaces. While the DFA will affect multiple sectors, the iGaming industry is likely to be among the most affected.
At the core of the DFA is a determination to tackle such dark patterns, which are design choices that steer consumers towards decisions they may not otherwise have taken. In iGaming, such practices may include messages that make players doubt their decisions (e.g. asking questions like ‘are you sure you want to miss out on this promotion?’ after attempting to end the game), countdown timers on promotional offers, or pop-ups repeatedly nudging players to make a decision which would encourage the player to continue playing. For operators, this will mean revisiting website and app designs to ensure that the player journey is not structured in such a way that unfairly influences decision-making.
The DFA also seeks to address addictive design interfaces, where online services are intentionally structured to increase the amount of time, money and engagement that consumers spend. In the iGaming sector, this might involve incentives for continued playing or penalties for discontinuing the game (e.g. using prompts such as ‘if you quit now, you’ll lose your powerups’).
The DFA will not operate in isolation. It complements other EU instruments such as the Unfair Commercial Practices Directive, the Digital Services Act, and the Artificial Intelligence Act (AI Act). The AI Act already prohibits AI systems designed to manipulate users or exploit vulnerabilities linked to age, disability, or financial insecurity. Together, these measures point towards an increasingly regulated framework for how iGaming operators can interact with their consumers.
The DFA is still at an early stage, with a formal proposal expected in mid-2026. However, its direction is already evident. Practices that blur the line between engagement and exploitation are unlikely to withstand regulatory scrutiny in the coming years. For iGaming operators, adapting their platforms early will be essential. This may require redesigning interfaces and auditing promotional strategies. In an industry where the risk of addiction is a concern, the DFA is a reminder that success depends on protecting consumers, as much as entertaining them.
This article was first published in “The Sunday Times of Malta” on 12/10/2025
