New rules you should know as a provider of digital services

As a provider of digital services to consumers, it is essential to keep track of both current and upcoming legislation. New initiatives in the EU aim to introduce stricter rules for “digital fairness” – and this may have a significant impact on how you structure your services, subscription terms and documentation.

This article reviews the most important aspects and highlights what you should be aware of right now.

Why new digital regulation is on the way

As more and more purchases, subscriptions and services move online, the European Commission recognises that existing consumer protection rules are often not sufficient to ensure fair treatment in a digital context.

Therefore, in 2024 the Commission launched a “Digital Fairness Check” – an assessment of whether the EU’s consumer rules are still adequate for the digital economy.

1. New regulation against misleading design and unfair commercial practices

The planned Digital Fairness Act (DFA) aims to fill gaps in the current rule set by introducing clear prohibitions against a number of practices that often affect consumers in digital purchase and subscription flows.

What does it cover?

• “Dark patterns” / manipulative design: Interface design that deliberately influences user choices – e.g., buttons with colours that push towards buying, difficult cancellation processes, false “limited seats” messages, intrusive or hard-to-decline newsletter sign-ups, etc.
  
  
• Complex subscription terms or hidden fees: For example, subscription models that make it unnecessarily difficult to cancel, or where extra fees are only shown at the final step.
  
  
• Misleading marketing and aggressive sales practices: This may include targeted advertising, “influencer marketing” without clear disclosure, or ads that exaggerate benefits.
  
  
• Design with addictive traits: Features that make it difficult to leave the service – e.g., “infinite scroll”, constant notifications or features that appeal to impulsive behaviour

It is important to emphasise: the DFA has not yet been finally adopted. The proposal is expected to be presented in 2026. This means that some details may still change — but already now you should begin reviewing your services with “digital fairness” in mind.

Read more about the Digital Fairness Act at Hogan Lovells.

2. Increased requirements for documentation and compliance when selling digital services

Another development is that digital services are increasingly treated with the same consumer protection requirements as physical goods. When you, for example, sell access, tickets, digital memberships or similar, it may have legal consequences for your responsibilities and documentation obligations.

What does this mean in practice?

• Transparent terms and clear information: Users must be able to understand what they are buying – prices, subscription terms, cancellation options and any fees must be clearly communicated.
  
  
• Easy cancellation and withdrawal: If the subscription model makes it unnecessarily difficult to cancel or withdraw consent, it may be considered an unfair practice.
  
  
• Documentation of consent and agreements: In case of audits or disputes, you should be able to document that users have given informed consent and had reasonable choices.
  
  
• Responsibility and transparency on digital platforms: If you use platforms or marketplaces, you should ensure that these platforms meet the requirements – e.g., clearly showing who the seller is and avoiding hidden fees. This type of regulation is already part of the current Digital Services Act (DSA).

As a provider, it is therefore relevant to review your processes: from creating subscription agreements to delivering digital products and handling cancellations – ensuring that documentation and terms meet what upcoming regulations may require.

What you should do now

Although the final text of the DFA has not yet been adopted, it is a good idea to start preparing now. Here are some concrete steps:

• Review your website, sign-up and purchase flows to ensure that design and text are transparent and not manipulative.
• Ensure that subscription terms, prices, cancellation options and fees are clear and easily accessible to customers.
• Document consent and customer agreements thoroughly, especially for digital services, memberships and subscriptions.
• Keep an eye on developments in EU legislation and public consultations – especially when the DFA proposal is published.

Final considerations

Regulation of the digital market in the EU is evolving rapidly. Increasing demands are being placed on fairness, transparency and accountability – for both large platforms and smaller providers. As a provider of digital services, you should therefore take this development seriously. By acting now, you can not only avoid future issues — you can also use the opportunity to signal responsibility and trustworthiness to your customers.

Digital Fairness Act as a Flex4B customer

At Flex4B, we emphasise that our platform is developed based on applicable rules and relevant legislation, and we continuously monitor changes that may affect the system’s functionality. We strive to ensure that our solutions support legally compliant use.

However, it is still the customer’s responsibility to ensure that the use of the system and the setup of the website, webshop and ticketing system comply with the laws and requirements that apply to the business. As configuration and content are controlled by the customer and the system is highly flexible, Flex4B cannot assume responsibility for any conditions related to the specific use.

If you need guidance on the setup, you are of course welcome to contact us.