The European Commission is considering new rules in the name of “digital fairness” to ensure cancelling a digital subscription is as easy as signing up.
The principle is sound, and one that European tech companies fully support. But the idea that this requires new legislation is misplaced. The issue is not a lack of regulation, but a lack of legal clarity and enforcement.
The law is already clear: Let’s use it
EU law already protects consumers when it comes to cancelling contracts. Existing rules prohibit companies from making the process confusing or difficult. Several legislative instruments already cover this (see table below).
For example, the Consumer Rights Directive and the Unfair Commercial Practices Directive both impose strict requirements around free trials, cancellation processes, and transparency. These rules have been reinforced through official EU Guidance in recent years.
In short: the protections are there. The challenge lies in implementation and awareness.
Avoiding Conflicting Rules on Refunds
As part of broader discussions on digital fairness, the Commission is also considering new refund rights for merchant-initiated transactions (MITs) under the proposed Payment Services Regulation (PSR, Art. 62).
While well-intentioned, this proposal creates three major problems:
✖ It clashes with existing consumer rules: EU law already outlines when refunds are required. The new right would override that logic.
✖ It increases fraud risk: Bad actors could abuse refund rights to gain free access to content, for 8 weeks.
✖ It disrupts legitimate business models: Subscription platforms (particularly those offering digital content) would be financially exposed if refunds are granted after full access is used.
Rather than creating contradictory obligations, the EU should focus on aligning its policies across consumer rights, payment services, and contract law.
Prescriptive Rules Don’t Fit Every Service
Recent trends in regulation have leaned toward prescribing specific interface design features, such as a mandatory “withdrawal button” or detailed instructions on how users must cancel.
This approach is problematic:
- It removes flexibility for businesses to design what works best for their service and customers.
- It imposes unnecessary costs, especially on businesses that already offer simple, user-friendly cancellation flows.
- It risks becoming outdated or unworkable as service models evolve.
Not every platform or service operates the same way, and rules should reflect that. A rigid “one-size-fits-all” approach is not future-proof.
Instead, the EU should focus on providing clear guidance on how existing, principles-based rules apply in practice and on ensuring these are enforced consistently across Member States.
European tech calls for clarity, not complexity
Consumer protection and digital innovation are not mutually exclusive. Europe already has a strong regulatory foundation, including for fair subscription management.
If consumers continue to face friction when cancelling, it’s not because of legal loopholes. The real issue is clarity and enforcement.
To address this, the Commission should:
✔ Issue practical guidance to clarify how the existing rules interact, and clearly define businesses’ obligations regarding cancellations.
✔ Encourage dialogue between regulators and companies, rather than defaulting to sanctions
✔ Strengthen coordination among enforcement bodies to close compliance gaps without adding new burdens
A more coherent and balanced approach will benefit consumers, empower responsible businesses, and preserve Europe’s digital competitiveness.
Annex I: EU Measures on Subscription Cancellation
| Legislation | Year | Provisions | How It Addresses Dark Patterns | Enforcing Authority |
| Unfair Commercial Practices Directive (UCPD) (2005/29/EC) | 2005 | Article 9 | Prohibits misleading or aggressive practices that trap consumers, including onerous or disproportionate non-contractual barriers to cancelling contracts or not providing consumers with material information about their rights to cancel or obtain refunds. | National Consumer Protection Authorities |
| UCPD Guidance (C/2021/9320) | 2021 | reaffirmed that cancellation must be as simple as sign-up, and that misleading free trials and subscription traps violate Articles 6 and 7. | National Consumer Protection Authorities | |
| Consumer Rights Directive (CRD) (2011/83/EU) | 2011 | Articles 6 & 11a | Grants 14-day withdrawal right; requires clear cancellation process and confirmation. 2023 revision mandates prominent cancellation mechanisms for digital services. | National Consumer Protection Authorities |
| Digital Services Act (DSA) ((EU) 2022/2065) | 2022 | Article 25(c) | Prohibits deceptive design that makes cancellation harder than sign-up. Platforms must enable easy service termination. | European Commission & Coordinators for Digital Services |
| eCommerce Directive (2000/31/EC) | 2000 | Articles 5 & 6 | Requires clear information on contract terms and service provider details, relevant to subscription transparency. | National Enforcement Authorities |
| General Data Protection Regulation (GDPR) ((EU) 2016/679) | 2016 | Article 7 | Requires consent to be freely given and as easy to withdraw as to give. Impacts subscription models involving personal data processing. | Data Protection Authorities (DPAs) |
| Distance Marketing of Financial Services Directive (via CRD Amendment) ((EU)2023/2673) | 2023 | Multiple Articles (CRD revision) | Expands clarity on cancellation mechanisms for digital financial contracts, reinforcing broader consumer rights. | National Consumer Protection Authorities |
About the European Tech Alliance
EUTA represents leading European tech companies that provide innovative products and services to more than one billion users. Our 33 EUTA member companies from 15 European countries are popular and have earned the trust of consumers. As companies born and bred in Europe, for whom the EU is a crucial market, we have a deep commitment to European citizens and values.
With the right conditions, our companies can strengthen Europe’s resilience and technological autonomy, protect and empower users online, and promote Europe’s values of transparency, rule of law and innovation to the rest of the world.
The EUTA calls for boosting Europe’s tech competitiveness by having an ambitious EU tech strategy to overcome growth obstacles, making a political commitment to clear, targeted and risk-based rules, and enforcing rules consistently to match the globalised market we are in.
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Victoria de Posson, EUTA Secretary General
E-mail: victoria@eutechalliance.eu
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Phone: +32 476 25 08 16
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