EU to present Digital Fairness Act on dark patterns as Irish committee backs AI curbs

A draft aimed at manipulative online selling

According to a draft of the Digital Fairness Act obtained by POLITICO, the Commission would ban deceptive interface designs known as dark patterns, such as prominent buttons that nudge shoppers toward a purchase. The package also targets dynamic pricing, where ticket prices move with demand, drawn-out subscription cancellations and customer service handed almost entirely to bots. The Commission is due to present the law on Wednesday, 11 November 2026. Companies that break it could face fines of up to 6% of global annual revenue, and the law would cover any business offering services to EU consumers online. Laura Ballarín Cereza, a Spanish socialist and leading lawmaker on tech legislation, said in a statement:

“Europe should not accept a digital economy where profits depend on exploiting people's vulnerabilities.”

The statement casts the proposal as a response to business models that profit from consumer weaknesses.

Industry and consumer groups split over existing rules

Industry has pushed back since the Commission began weighing a revision of consumer law in 2022. Companies contend that existing consumer law and digital rules already reach these practices. Ben Brake, director general of the tech lobby DOT Europe, argues that practices already covered should not face a second layer of rules or enforcement. Consumer groups respond that older rules, some going back to 2005, are too vague and that many unfair designs remain widespread. The dispute therefore centres on whether the Digital Fairness Act adds protection or duplicates enforcement.

Irish committee wants smart glasses ban and AI sanctions

The Joint Oireachtas Committee on Artificial Intelligence published its third interim report on AI, Truth and Democracy on Tuesday, 10 November 2026, containing 64 recommendations. It urges that smart glasses capable of covert recording without consent be prohibited and referred to the Data Protection Commission, while acknowledging their value for visually impaired people. It also proposes criminal liability for companies, directors and staff behind systems that generate non-consensual intimate images or child sexual abuse material, following 244 referrals to Gardaí about explicit images of real people made with Grok. Committee chair Naoise Ó Cearúil, a Fianna Fáil TD for Kildare North, put the central question directly:

“If there are harms done to minors, who answers for it?”

He said the criminal measures would need legislation, which he doubted would come soon. He also argued that the flashing light built into Meta's smart glasses would, if left unmodified, keep the devices out of the covert category.

Supermarket freezers and gaps in EU cyber defences

ENISA's 'State of Cybersecurity in the Union' report rates the threat level to the EU as 'substantial'. Launching the report, Enisa executive director Juhan Lepassaar said:

“Common situational awareness must be strengthened and alignment in critical sector policies must be increased.”

Cyber attacks on supermarket freezers in the week of 2 November hit an estimated 19 European countries, including 15 EU states, with Ireland among them. The report says not all member states had transposed the NIS 2 directive, and Ireland is one of a small number the Commission is taking to court over implementation. Telecoms, electricity and banking were rated the backbone of EU economies, while core internet, data centre and cloud services scored 'moderate' despite being critical entities. Health, maritime, railway, water, public administration and space sit in a 'risk zone' of lower-than-average cyber security.

European countries19

EU member states15

European countries

19

EU member states

15

Data from the article text

What the coming weeks hold

The coming weeks carry several fixed dates. The Commission is due to present the Digital Fairness Act on Wednesday, 11 November 2026. The committee's criminal measures would, if enabled by legislation, go beyond the EU Artificial Intelligence Act, which is due to come into effect in early December. Ireland's National Cyber Security Bill 2024 has still not been published in full, even as the Commission takes Ireland to court over NIS 2 implementation.