Everyone expected the EU’s new Digital Fairness Act (DFA) to finally tackle the sleazy tactics plaguing online life. Think dark patterns. Think manipulative personalization. The big laws—DSA, DMA, AI Act—are supposedly in force. Now, Brussels is supposed to get serious about enforcement.
But not so fast. The European Digital Rights Foundation (EFF) just dropped a bombshell. Their take? The DFA is heading in the wrong direction. Instead of fixing things, it’s doubling down on what’s already broken.
Is the DFA Just More Surveillance Theater?
The EU Commission’s “Digital Fairness Fitness Check” admits existing rules are outdated. Fair enough. Digital markets move fast. But the solutions being proposed? That’s where the wheels come off. The EFF points out a major red flag: mandated age verification.
This is the oldest trick in the book. Slap on a superficial fix that sounds good to the masses but crushes fundamental rights. Age verification mandates are a prime example. They sound like they’re protecting kids. In reality, they’re a gateway to expanded surveillance. Little more than a fig leaf, really.
EFF’s position is clear: digital fairness means fixing root causes. Not forcing platforms to watch us even closer. It’s about protecting privacy. It’s about safeguarding free speech. It’s about the rights of actual people, not just the tech giants.
Privacy and User Sovereignty: The Missing Ingredients
The EFF lays out two core principles the DFA absolutely must embrace. First, privacy. Reforms need to tackle surveillance-based business models head-on. Deceptive design that tricks us into choices we wouldn’t make? That needs to go.
Second, user sovereignty. This is the idea that users should have control. Control over their data. Control over their choices. The DFA needs to address how companies lock us in. How they use coercive contracts. How manipulative defaults steer us. We need to be able to pick how we use digital services, freely.
If the DFA nails these two, it might actually align with the EU’s goals. Consumer protection, fair markets, a coherent legal framework. Done right, it could rebalance power. It could build trust. But given the current trajectory? Don’t hold your breath.
Dark Patterns Need a Proper Ban, Not a Half-Measure
Dark patterns. We all know them. Those sneaky interface tricks designed to nudge your behavior. Make you share more data than you intended. Make opting out a nightmare. They undermine our autonomy.
The Digital Services Act (DSA) gave us a definition. Great. Then it offered a partial ban. Not good enough. The EFF argues the DFA must step in and provide clear prohibitions. It needs unambiguous enforcement rules. Without resorting to micromanaging design itself—that’s not the point.
Commercial Surveillance Is the Real Villain
At the heart of digital unfairness? The endless collection and use of our personal data. Surveillance and profiling are the engines driving the harms we’re all supposed to be worried about. Dark patterns? Exploitative personalization? All fueled by data.
The DFA should target these incentives directly. Reduce the reliance on business models built on watching us. These practices are fundamentally at odds with privacy. They warp digital markets. They reward data hoarding over actual quality of service.
The EFF demands the DFA tackle unfair profiling and surveillance advertising. Strengthen privacy rights. Ban those awful “pay-for-privacy” schemes. Nobody should have to pay extra to avoid being tracked. Nobody.
Users should not have to trade their data or pay extra to avoid being tracked.
The act should also push for recognition of automated privacy signals—think browser settings that block trackers. Give users a real way to say “no.”
The Age Verification Quagmire
And then there’s age verification. The EFF is blunt. This isn’t just a bad idea; it’s a dangerous one. It opens the door to massive data collection. It forces platforms to verify user identities. This is precisely the kind of surveillance the EU claims it wants to curb.
Instead of demanding more data collection from users, the DFA should focus on platform accountability.
A Call for a Different Path
The EFF isn’t just complaining. They’re offering a roadmap. A clear set of recommendations. They want the DFA to prioritize privacy-preserving design. They want to empower users. They want to curb exploitative business models.
This isn’t about reinventing the wheel. It’s about applying existing principles correctly. It’s about making sure new laws don’t create bigger problems than they solve. The EU has a chance here. A chance to get digital fairness right. But they’re currently playing with fire. And the EFF is wise to call them out.
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Frequently Asked Questions
What is the EU’s Digital Fairness Act trying to achieve?
The Digital Fairness Act aims to update consumer protection laws for the digital age, addressing risks like dark patterns and exploitative personalization.
Why is the EFF concerned about age verification in the DFA?
The EFF believes mandated age verification leads to expanded surveillance and data collection, undermining privacy and user rights without providing substantial protection.
What are dark patterns according to the EFF?
Dark patterns are interface designs that trick users into making choices they wouldn’t otherwise make, often leading to unwanted data sharing or limited autonomy.
