This morning, the European Commission presented its proposal for a Digital Fairness Act, which it calls a major update of EU consumer protection rules. Most coverage will focus on dark patterns, subscription traps and influencers. I build selling agents for webshops, so I went to the legal text for new regulations on AI. The proposal indeed contains proposed EU rules for AI systems that buy on a consumer's behalf, and they put new duties on the merchant too.
On 11 November 2026 the Commission presented the Digital Fairness Act (DFA) as a Regulation, together with changes to the Consumer Rights Directive and the Consumer Protection Cooperation Regulation. The press release promises consumers "clear rights when using an AI agent to buy products on their behalf", a right to reach a human in customer service, and a ban on dark patterns such as fake claims that a product is almost sold out. In large cases that affect consumers across the EU, the Commission could fine a company up to 6% of its worldwide annual turnover.
The AI agent rules are in Articles 26 and 27 of the proposal:
Article 25 adds that when a trader offers online customer service, a human must be available on request when other means do not solve the problem.
This is still a proposal. The European Parliament and the Council now negotiate it, and the draft says the Regulation would apply 12 months after it enters into force.
Machine-readable product and contract information gets a legal role. Article 27 lets a merchant meet its information duties in a machine-readable format when an agent buys from an agent. That only works if your prices, delivery terms and return conditions are structured and correct. For a skincare shop I would add ingredients, skin type suitability and usage instructions, because those are the details an agent compares before it buys.
Paid placement inside AI agents gets extra friction. If a platform is paid to suggest your product, the shopper has to confirm that purchase by hand. A product that an agent recommends because your data answers the shopper's question avoids that step.
The human stays in the loop. The right to a person in customer service and the ban on forcing consumers into automated systems mean an AI assistant on your store cannot be the only way in.
The fake scarcity ban will hit many stores. The Commission's Q&A gives "Only 1 left" as an example of a claim that would be banned when it is not true. Plenty of WooCommerce themes and plugins show urgency badges by default, so check what yours display.
The last point is close to our work. CAIDEL asks shoppers the right questions before the sale and gives the merchant the record of what they asked. Rules that put the consumer's instructions at the center make that record more useful, to a merchant and the customer.
You still have plenty of time. Negotiations start now, and the rules would apply 12 months after entry into force. Cleaning up your product data pays off before then, because AI assistants already read it today.
Want to see how AI agents read your store today? Try our WooCommerce plugin for free.
Does the Digital Fairness Act already apply to my webshop?
No. The European Commission presented it as a proposal on 11 November 2026. The European Parliament and the Council will negotiate it first, and the draft says it would apply 12 months after it enters into force.
What does the proposal say about AI shopping agents?
Consumers choose on first use how much an agent may buy without asking them. Agents must disclose when they are paid to suggest a product and ask for confirmation on that purchase. Merchants must send a contract confirmation on a durable medium for orders an agent places.
What should a WooCommerce shop do now?
Put prices, fees, delivery times and return terms in structured product data, remove fake scarcity messages, make sure customers can reach a person, and check that your order confirmation is clear on its own.