European Commission Proposes Digital Fairness Act with Curbs on Paid Loot Boxes and Gambling Influencer Promotions

The European Commission published the draft Digital Fairness Act on November 12, 2026. The proposal would replace the 2005 Unfair Commercial Practices Directive with directly applicable EU-wide rules on digital commercial practices. It focuses in part on paid variable reward systems and creator promotions of betting products.

Article 15 defines these systems as virtual items offering random rewards or variable odds purchased with real money or paid virtual currency. The text states that such systems "are prone not only to cause unwanted spending by consumers but can also be harmful due to the fact that they share the speculative features of gambling." Recital 63 specifically lists loot boxes, wheels of fortune, and collectible card packs.

Provisions on Variable Reward Systems

Traders must clearly display the range of available virtual items and the exact probability of obtaining each one before any purchase. All users would receive an accessible mechanism to disable paid variable reward features. The draft prohibits offering paid random rewards in services directed at minors or where the trader can determine with reasonable certainty that the user is underage. Free, non-monetised random rewards remain unaffected.

Oversight of Influencer Marketing for Gambling

Recital 55 addresses the creator economy. It notes that some influencers "engage in the marketing of products that could be harmful, or otherwise unsuitable for consumers in general or to minors in particular, such as speculative instruments, betting, lotteries or other forms of gambling products." The text flags how children often view influencers as peers and fail to spot masked commercial intent.

The draft must secure approval from the European Parliament and the Council of the European Union. If passed without major amendments it would take effect 12 months after entering into force. As reported by Focus Gaming News, loot box rules now vary by member state, with Belgium treating paid versions as illegal gambling, the Netherlands applying restrictions, and the UK relying on industry self-regulation. Operators will track whether the final text narrows those divergences or adds compliance layers to existing national frameworks.