The practice of dynamic pricing is also targeted in the law. That’s when a seller adjusts the price based on conditions such as demand or a user’s location, and it is commonly used in the sale of concert and airline tickets. The proposed law requires transparency when customers are buying products whose prices are subject to change.
The DFA also covers consumer rights around “agentic commerce,” when artificial intelligence agents are used to find and complete purchases.
Four lawmakers from the conservative, socialist and liberal groups said the requirement doesn’t go far enough and that the DFA should completely ban dynamic pricing for cultural and sporting events, according to a letter obtained by POLITICO.
Sellers offering subscriptions will have to provide an easy way to cancel, reminiscent of New York State’s “click to cancel” rules. The new EU rules also require that a human is available for after-sales customer support.
The rules also address, for the first time, specific aspects of online gaming, including bans on video games that allow kids to pay to succeed and progress in the game.
The DFA is also trying to make its mark on what is known as “addictive design” of online platforms. This has already been the target of enforcement action in Europe and litigation in the U.S. in cases involving minors. But the new consumer rules would apply to adults as well, requiring online platforms to offer an opt-out from addictive features like autoplay.
Spain’s Ballarín Cereza thinks this is not enough, saying users should be opted out of these features by default. “Why should consumers carry the burden when companies deliberately design these addictive mechanisms? We must shift from consumer responsibility to corporate responsibility: safety and fairness must be the default, not an option,” she said.