January 2026
Consumer, Competition and Sustainability
European Commission publishes factual summary report on Digital Fairness Act consultation
On 19 December 2025, the European Commission published a report summarising responses to its consultation and call for evidence on a Digital Fairness Act, which ran from 17 July 2025 to 24 October 2025.
1,733 out of 3,341 respondents largely supported new binding EU rules on dark patterns, addictive design, video game features, unfair personalisation and influencer marketing. There was strong support for:
- measures to address addictive design, including turning features off by default
- requiring video games to display real-world pricing of items bought with virtual currency, provide information about odds of winning when buying loot boxes and similar items, and allow users to turn off access to certain features including virtual currencies
- more controls on targeted advertising, including bans on targeting minors and vulnerable people with personalised advertising and pricing
- stronger protections against unfair commercial practices by influencers, and introduction of more stringent disclosure requirements and protections for minors.
Views were less clear on pricing-related marketing, digital contracts, simplification and horizontal measures, with high "no opinion" rates and mixed support for measures such as drip pricing prohibitions, cancellation buttons, and age verification tools.
Find out more about our predictions for the Digital Fairness Act in 2026 from Nathalie Koch here.
European Parliament approves simplified sustainability reporting and due diligence rules
On 16 December 2025, the European Parliament adopted its first reading position on the EC Omnibus I proposal, following political agreement on 10 December 2025. Following adoption by the Council, it will be published in the Official Journal.
Omnibus I aims to simplify corporate sustainability reporting and due diligence obligations for businesses. The EP's position narrows the scope and reduces detailed requirements to cut down the administrative burden while maintaining core accountability. In particular, it proposes lighter sustainability requirements applying only to larger companies, due diligence requirements only for very large EU and non-EU corporations, and a new digital portal for businesses with access to templates, guidelines and information on reporting requirements.
Sustainability reporting will apply to EU companies with over 1,000 employees and over €450 million net annual turnover, and to non-EU companies with over €450 million EU turnover and subsidiaries or branches with over €200 million EU turnover, with simplified requirements and voluntary sector-specific reporting.
Companies with fewer than 1,000 employees will be protected from responsibility shifts, and the Commission will establish a digital portal for templates and guidance.
Due diligence will apply only to companies with over 5,000 employees and over €1.5 billion net annual turnover, with national liability and fines up to 3% of net worldwide turnover, and it will apply from 26 July 2029, subject to Council approval and entry into force 20 days after Official Journal publication.
For more background on the impact of the Digital Omnibus by Debbie Heywood and Alexander Schmalenberger, read here.
CMA updates guidance on unfair commercial practices
On 3 December 2025, the CMA updated its short guide on unfair commercial practices under the Digital Markets, Competition and Consumers Act 2024, reflecting changes to its full guidance.
The guide explains how traders must treat consumers fairly when selling products, services or digital content, including online sales, and is intended to aid understanding but does not replace the formal guidance.
It signposts separate detailed guidance on managing and preventing fake reviews and on price transparency.
Find out about how the DMCCA has changed and added to the list of practices always considered unfair from Louise Popple here.
