EU Law: The Proposed Digital Fairness Act
Not yet law, but a proposal expected in Q4 2026 that may add dedicated influencer-marketing rules. Why EU affiliates should track it.
The Digital Fairness Act (DFA) is a proposed European Union law that, if enacted, would add dedicated rules for influencer marketing and several other digital-consumer issues. As of July 2026 it is not yet law, but affiliates operating in the EU should track it, because it signals the direction of European regulation.
Where it stands
- It follows a Commission “fitness check” of EU consumer law that found widespread concern about undisclosed influencer promotion — roughly three-quarters of consumers reported a lack of transparency.
- A public consultation closed on 24 October 2025.
- Per the Commission’s 2026 Work Programme, a DFA proposal is expected in Q4 2026.
- As of now, there is no EU-wide dedicated influencer statute in force; the DFA is at the pre-proposal stage.
What it is expected to cover
Based on the consultation and Commission statements, the DFA is expected to address influencer marketing disclosure, dark patterns, addictive design, personalization, and subscription and cancellation practices. France’s 2023 influencer law — with mandatory labeling and penalties up to €300,000 — is frequently cited as a reference model.
Plan for stricter, not looser
Every trajectory in EU consumer regulation points toward more explicit disclosure duties, not fewer. Building clear, in-content disclosure into your workflow now positions you well for whatever the DFA ultimately requires.
In the meantime
Until the DFA is adopted, EU affiliate disclosure is governed by the UCPD, the Omnibus Directive, and the DSA, plus national laws such as France’s. Those already require clear disclosure of affiliate and sponsored content.
Authoritative sources
Last reviewed July 2026. This page is general educational information, not legal or tax advice.