Subscription traps, unclear influencer marketing and manipulative online practices are problems that consumers increasingly encounter in the digital world. The European Consumer Centres Network (ECC-Net) outlines how legislation should change to provide more effective protection for consumers online.
The European Commission is currently working on the Digital Fairness Act (DFA), a legislative initiative aimed at strengthening consumer protection in the digital environment. It is intended to address problems that existing legislation does not adequately resolve. The Commission plans to present its proposal in the fourth quarter of 2026.
In July this year, the European Consumer Centres Network also published its position paper, ECC-Net’s Perspective on the Digital Fairness Act. ECC-Net bases its recommendations on its day-to-day experience and the problems reported by consumers across Europe.
Subscription traps
One of the issues highlighted by ECC-Net is so-called subscription traps. Consumers may be tempted by a free trial or an attractive introductory offer, only to find themselves automatically enrolled in a paid service afterwards. Problems arise when subscription terms are not clearly presented, for example in a Facebook advertisement, or when cancelling a subscription proves considerably more difficult than signing up.
ECC-Net calls for cancelling a subscription to be just as easy as signing up for one. In practice, this would mean providing an easily accessible cancellation mechanism requiring no more than two or three clicks (the introduction of a mandatory “cancel button”).
ECC-Net pays particular attention to free trial periods. The Network proposes that, where a free service automatically converts into a paid subscription, the 14-day withdrawal period should start from the moment the consumer is first charged.
Furthermore, traders should be required to send consumers clear and timely reminders that their free trial is about to end and that payment obligations are about to begin. Such transparency would help prevent a significant number of disputes.
Influencers – the need for common rules across the EU
Another area requiring greater harmonisation is influencer marketing. ECC-Net points out that Member States currently apply different approaches to advertising transparency and the disclosure of commercial content. Common EU-wide rules could reduce legal uncertainty and increase transparency for consumers.
The issue is particularly relevant in the case of influencers operating from outside the EU who target European consumers. ECC-Net calls for such traders and influencers to have a legal representative in the EU who could act as a point of contact for consumers and supervisory authorities.
The right to speak to a real person
The digitalisation of customer service brings many benefits, but it can also make it more difficult for consumers to enforce their rights. Consumers are directed to chatbots or online forms that are unable to resolve more complex issues. As a result, they may repeatedly find themselves going through the same automated process, with no opportunity to speak to a member of staff.
ECC-Net therefore proposes establishing a right to effective human assistance whenever an automated system is unable to resolve an issue. Access to a competent member of staff should be available within a reasonable time, particularly in matters concerning consumer rights, such as payments, contract cancellations or defective digital services.
Children need particular protection
Digital service providers should recognise that children and young people are particularly vulnerable to mechanisms designed to maximise user engagement, such as infinite scrolling and autoplay videos. The Network calls for users to be able to easily disable such features or for them not to be activated by default.
ECC-Net also highlights the need for greater price transparency in games and apps. When payments are made using virtual coins, gems or other tokens, children may find it difficult to assess the actual cost of a purchase.
The issue of children’s safety in the digital environment is also addressed by the EU KIDS Act, proposed by the European Commission in September 2026.
The digital marketplace needs more than just information
In ECC-Net’s view, the future Digital Fairness Act should go beyond simply requiring traders to provide consumers with more information. The key is to establish rules that ensure consumers can make decisions free from manipulation and change those decisions just as easily.
Ultimately, however, the effectiveness of the new legislation will depend on whether the proposed measures lead to real changes in business practices and provide consumers with genuine protection in their everyday interactions with the digital world.
Read the full document: ECC-Net’s Perspective on the Digital Fairness Act
