The European Commission adopted its Digital Fairness Act proposal on November 11, 2026, alongside a Simplification Directive. Its targets include dark patterns, addictive design and practices that encourage overspending, with children and vulnerable consumers among those it aims to protect. Source
For games, GamesIndustry.biz’s Rob Fahey sees potential trouble for business models built around loot boxes, virtual currencies and engagement tactics that exploit fear of missing out. Source
This is a proposal, not an enacted law. Parliament and Council still have their say, and the text can change. SourceSource
The Commission’s stated ambitions also extend well beyond games. Its overview identifies misleading pricing, unfair personalisation, influencer marketing and obstacles to cancelling subscriptions or reaching a human customer-service representative. Gaming’s shop menus are sharing the spotlight with a much larger collection of online consumer headaches. Source
In his opinion column, Fahey criticises the industry’s grudging drop-rate disclosures and the addition of “in-game purchases” notices to age-rating labels. He writes:
“Industry representatives sat in front of parliamentary committees and described loot boxes as ‘surprise mechanics’ with a straight face.” Source
He argues that those efforts failed to show regulators that the industry was taking their concerns seriously. It’s a withering performance review for the reassurance campaign. Source
Even firm action by industry bodies would not have been enough, Fahey argues: companies outside those organisations could continue lucrative practices, undermining collective restraint and pressuring competitors to follow. Source
Fahey also calls the proposal too broad and vague in places, warning that its current wording could push otherwise innocent practices into legal grey areas. Source
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