The European Commission has launched its flagship digital policy initiative of this legislative cycle (2024-2029): the Digital Fairness Act (DFA). With the public consultation now underway, gambling companies offering services in the EU would be well advised to closely monitor this rapidly evolving legislative file.

The DFA promises to reshape how digital services engage with consumers. Readers of the Front Runner would be excused for assuming, that following the recent wave of EU digital legislation  (e.g., DSA, AI Act, and the Accessibility Act), the digital rulebook was complete, and that gambling companies could now focus on compliance. Not so. The Commission wants to plug perceived gaps in the rulebook which it considers are undermining consumer choice.

At its core, the DFA is conceived as a B2C instrument of consumer protection law. For gambling companies, this represents a more immediate regulatory challenge than frameworks targeting intermediary services or AI applications—which while not irrelevant–have less direct impact. While the legislative process promises to be long and unpredictable, it would not be surprising if the DFA ultimately proves to be the most consequential digital measure for the gambling sector than the recent wave of regulations.

For now, the DFA consultation along with the preceding ‘Digital Fairness Fitness Check’—which essentially sets out the Commission’s diagnosis of the problem—signal a clear regulatory trajectory: more horizontal EU rules layered atop of existing national gambling and consumer law regimes. The proposal aims to reinforce EU rules on unfair commercial practices and unfair contract terms. The Digital Fairness Fitness Check is awash with references to “gambling,” offering more than a subtle hint of the DFA’s intended relevance for the gambling sector.

The DFA is still at its infancy, targeting a wide range of policy issues. At the top of the list for gambling sector are undoubtedly ‘addictive design’ and ‘dark patterns’.

Addictive design refers to interface features and functionalities that encourage compulsive use—such as reward systems that incentivise longer engagement and increased spending, or autoplay mechanisms for videos and other content.

Dark patterns (or deceptive design) describe manipulative user interface practices that present options in ‘a non-neutral manner, pressuring or nudging consumer into decisions they might not otherwise make. In the gambling context, this could include manipulative choice architectures around transactional decisions. Dark patterns may well emerge as the defining concept of the DFA – it is a broad tent concept encompassing everything from vague language on websites to complex discount structures and time-limited sales mechanisms.

The DFA is also set to take a swipe at certain forms of targeted advertising, particularly where vulnerable consumers such as minors are concerned. While this will affect all online businesses, it raises particular challenges for gambling operators, given that advertising is already one of the most tightly regulated aspects of the sector.

Beyond these examples, the DFA is expected to open the floodgates for scrutiny of misleading or hidden influencer marketing. Gambling sponsorships and influencer partnerships may come under new transparency obligations.

Finally, the DFA will look at ‘fairness’ issues in digital contract management and pricing– perhaps less central for the sector but still worth keeping an eye on.

The Commission’s consultation is open until 24 October 2025. Now is the time to assess the initial options, engage in the policy debate, and prepare for potential regulatory risks. Wiggin is here to support gambling companies – not only in understanding the likely changes to come but also in honing strategic arguments to ensure their voices are heard by policymakers.