The European Commission has proposed requiring explicit consent for paid continuation of a free trial period and simplifying subscription cancellations. The draft also targets false claims about product scarcity and hidden surcharges at purchase. The new requirements are not yet in force.

On 11 November, the European Commission presented the draft Digital Fairness Act. It is part of the EU consumer law update package. The proposals must be discussed by the European Parliament and the Council of the EU, so the final terms may still change.

Before the end of a free trial period, it is proposed to send the user a reminder: with the end date, the price of the paid continuation, the duration and the terms of contract termination. Transition to a paid period will require the user's explicit consent before the trial period ends. Without such a reminder or consent, the paid continuation should not become mandatory.

For sellers offering to conclude contracts online, a noticeable and easily accessible cancellation function is provided on the website or in the app. The user will be able to submit a request and receive confirmation with the contract termination date. Termination conditions remain relevant: free instant cancellation of any subscription is not promised.

For contracts of six months or more that automatically renew, it is proposed to remind no earlier than one month and no later than 14 days before the renewal.

For shorter contracts, a reminder will be required no later than one week before the renewal when the initial term or a subsequent renewal period reaches six months, or before the tenth renewal — whichever comes first. This does not mean a warning before every monthly charge.

Another familiar tactic for shoppers is the message "Only two items left!". The problem arises when the scarcity is fabricated and the buyer is pushed to pay faster, leaving no time to compare offers. This concerns false claims, not a ban on reporting real stock levels.

Manipulations also include fake urgency: an offer supposedly available for only a few minutes, although in reality the promotion continues. The annex to the draft separately lists false time limits and displaying a price without the inevitable charges that the buyer will incur upon purchase.

Another block is the transparency of changing prices. For example, in a virtual queue for purchase, the current price, updated when it changes, and the maximum possible price, if it can change during waiting, must be displayed. The draft does not prohibit dynamic pricing itself.

If the seller provides online support after contracting, it is proposed to ensure contact with a human at the customer's request when other methods don't help. The use of chatbots will be allowed, but should not leave the client without a way to resolve the issue with an employee. This requirement does not apply to investment services.

For Ukrainians living in the EU, this concerns everyday expenses on purchases and digital services. For online shops and services, it concerns the presentation of prices, trial periods and contract termination procedures. The EU proposal does not change Ukrainian law on its own.

Some deceptive practices are already prohibited by existing European rules. For example, the EU portal Your Europe explicitly classifies false claims about limited offer time as unfair practices. The anticipation of the new act does not make such trickery acceptable.

There is no calendar date for the launch of the new requirements yet. The draft provides for the application of the regulation 12 months after its entry into force. The deadline will depend on the adopted version. The proposal itself does not yet create new effective law to automatically return any subscription charge.

Based on materials from: the European Commission, the Digital Fairness Act draft, annexes to the draft, Your Europe.