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EU Proposes Digital Fairness Act to Curb Loot Boxes, Dark Patterns and Subscription Traps

The draft gives regulators new cross-border powers to stop manipulative design while imposing rules that would change how platforms and games sell items.

Overview

  • The European Commission presented the draft Digital Fairness Act on Wednesday, Nov. 11, proposing a single EU regulation to block deceptive interfaces, opaque pricing and exploitative subscription practices.
  • The text sets explicit gaming rules that require virtual currencies to show real‑money value, disables paid currencies and loot boxes by default for under‑18s, mandates loot‑box odds and bans pay‑to‑win and pay‑to‑progress mechanics for minors.
  • Enforcement would be stronger and cross‑border, with regulators able to fine companies up to 6% of worldwide annual turnover for large‑scale breaches and to expand prohibited tactics through delegated acts and a blacklist.
  • Industry groups including the European Game Developer Federation and Video Games Europe say key terms such as 'pay‑to‑win' and 'directed at minors' are vague and could be unworkable, while consumer groups and some lawmakers demand even stricter default protections.
  • The draft now enters negotiations with EU member states and the European Parliament where provisions can change, and if adopted the regulation would apply directly across member states and affect both EU and non‑EU companies doing business in the bloc.