European socialists want to put a stop to the ticket-selling business of Bad Bunny

As of November 6, 2026, the so-called Digital Fairness Act —Digital Fairness Act— has not yet started its legislative process in the European Parliament. It is in the preparatory phase of the European Commission: the Parliament presents it as an announced initiative, not as a proposal in first reading or in final negotiation. Therefore, there is no definitive approval date yet.

Current situation: before the legislative proposal

The Parliament's legislative tracking places the initiative in the fourth quarter of 2026. The information consulted points to November 11, 2026 as the expected date for the Commission to adopt its proposal; this is a forecast, not a milestone already met. Demócrata notes this November 6 that the presentation is scheduled for the following week.

So far, preparatory work has been carried out: evaluation of consumer legislation, collection of contributions, and preparation of the impact assessment. The public consultation ended on October 24, 2025, according to the parliamentary tracking information. This work does not amount to submitting a proposal nor does it by itself open the first reading.

Consequently, there is still no parliamentary legislative procedure number, formally designated responsible committee, Parliament's position, negotiation mandate, or provisional agreement. It is also not definitively specified whether the initiative will take the form of a regulation, directive, or legislative package, as noted in the parliamentary service analysis.

Next steps until final approval

Once the proposal is submitted, the expected path will be the ordinary legislative procedure: the European Parliament and the Council of the European Union must agree on the same text. Therefore, a favorable vote by MEPs alone is not enough. The foreseeable stages are:

• Adoption by the Commission. The Commission will approve and publish the proposal, accompanied by supporting documentation, and send it to Parliament and the Council. This will be the formal start of the legislative process.
• Work in parliamentary committee. Parliament will assign the text to the competent committee, likely Internal Market and Consumer Protection, although this assignment is not yet final. A report will be prepared, amendments presented, and a position voted on.
• Preparation of institutional positions. Parliament will establish its position or negotiation mandate. Meanwhile, Member States will examine the proposal in the Council and seek a common position.
• Negotiation between institutions. Trilogues may be held: meetings between Parliament, Council, and Commission to bring positions closer. Their goal will be to reach a shared text; an agreement in these meetings will be provisional, not the final approval.
• Formal approval. The agreed text must be approved by Parliament and adopted by the Council. The specific sequence will depend on when they reach agreement: the order of stages does not imply that all files follow an identical chronology.
• Publication and effects. After signing, the rule will be published in the Official Journal of the European Union. Its entry into force and application will depend on the final text; if it is a directive, there will also be a national transposition period.

Which date to watch

The next milestone is the presentation of the Commission's proposal, not a final vote by Parliament. From that point, the legal scope, proposed obligations, and parliamentary file can be known. For now, there is no fixed voting schedule or final approval date: the November forecast corresponds to the start of the process, not its conclusion.

The European Commission plays a central role in the development of directives on unfair commercial practices, but it does not legislate alone: it proposes and performs technical, political, and supervisory functions, while the normative decision-making power lies with the European Parliament and the Council. In this area, its action is mainly based on Articles 17 of the TEU and 114 and 169 of the TFEU (internal market and consumer protection).

1. Legislative initiative competence

The most relevant competence of the Commission is the almost exclusive monopoly of legislative initiative in EU law. This means that:

• Only the Commission can formally submit a directive proposal on unfair commercial practices (for example, rules harmonizing what is considered misleading or aggressive advertising towards consumers).
• The European Parliament, the Council, Member States, or other actors can request the Commission to act, but they cannot replace its proposal with their own text if the Commission does not present one.
• The typical legal basis is Article 114 TFEU (approximation of laws for the internal market), complemented by Article 169 TFEU (consumer protection), which justifies the Commission proposing common rules against unfair practices throughout the EU.

2. Technical and political preparation of proposals

Before proposing a directive, the Commission performs functions of analysis, consultation, and regulatory design:

• Problem identification: detects distortions in the internal market (for example, differences between States that generate unfair competition or lower consumer protection) or new commercial practices (online, platforms, influencers, etc.).
• Studies and reports: commissions economic and legal impact studies, collects CJEU case law and experience from national consumer and competition authorities.
• Public and expert consultations: organizes open consultations with companies, consumer associations, NGOs, and national authorities, and expert group meetings that help specify regulatory options.
• Impact assessment: analyzes different regulatory alternatives (self-regulation, directive, regulation, recommendations) and their impact on competitiveness, innovation, and consumer protection.
• Internal coordination: the competent directorates-general (mainly Justice and Consumers, Internal Market, Competition, and sometimes Digital Connectivity) negotiate a common text, which undergoes inter-service consultation and Regulatory Scrutiny Board control.

3. Presentation and defense of the proposal

Once the draft is adopted by the College of Commissioners, the Commission:

• Formally submits the directive proposal to the European Parliament and the Council, with its explanatory memorandum and impact study.
• Participates throughout the legislative process: attends debates in parliamentary committees and Council working groups, explains the objective and technical architecture of the proposal, and proposes drafting compromises.
• Can modify its proposal while the procedure is ongoing, to integrate amendments from Parliament and Member States, maintain text coherence and the desired level of harmonization.

Although the Commission does not vote on the directive, its capacity for initiative, proposing compromises, and technical assistance gives it decisive influence over the final content of rules on unfair commercial practices.

4. Execution, development, and coordination functions

Once the directive on unfair commercial practices is approved, the Commission assumes additional functions:

• Monitoring transposition: supervises how Member States incorporate the directive into their national legal systems and can open infringement procedures if it is not transposed on time or is done incorrectly.
• Development through delegated or implementing acts: when empowered by the directive, it can adopt acts that specify technical elements (for example, additional lists or criteria to assess a practice as misleading) ensuring uniform application.
• Coordination among national authorities: promotes networks such as the consumer protection cooperation network to facilitate cross-border enforcement of rules against unfair practices.
• Guidance and interpretation: issues guidelines and interpretative communications on the scope of prohibitions and interaction with other rules (competition, contracts, e-commerce).
• Evaluation and review: periodically assesses the directive's effectiveness, proposes adjustments or reforms if new forms of unfair practices arise or if harmonization is insufficient or excessive.

In sum, the European Commission concentrates legislative initiative, technical design, and political defense of directives on unfair commercial practices, and subsequently oversees their correct application and evolution. Parliament and Council are the formal co-legislators, but the impetus, technical coherence, and compliance control of this regulatory framework largely rest on the Commission's own competencies and functions.

Currently, there is no single European law on influencers: common rules on advertising, consumer protection, audiovisual services, and platforms combine with national obligations. The main difference between Member States lies in whether they have specific legislation, like France, or apply general rules and audiovisual regimes for certain creators, like Spain.

1. Common framework of the European Union

According to the European Parliament analysis, four instruments stand out:

• Directive 2005/29/EC on unfair commercial practices: prohibits covert advertising and misleading information or omissions. A remunerated collaboration, also through products or benefits, must be identified as commercial.
• Directive 2010/13/EU, amended by Directive 2018/1808: establishes audiovisual rules on advertising and protection of minors. Certain influencers may be considered audiovisual service providers if they meet applicable criteria.
• Digital Services Act —DSA—: mainly imposes advertising transparency and minor protection obligations on platforms; it does not replace the responsibilities of the advertiser or creator.
• General Data Protection Regulation: applies when the activity involves processing personal data, profiling, or segmentation.

Intellectual property rules and sectoral restrictions on medicines, tobacco, alcohol, gambling, and financial services also operate. The EUIPO and the Commission remind that copyrights, trademarks, and designs must be respected.

2. Spain: general and audiovisual obligations

Any commercial influencer must comply with Law 3/1991 on Unfair Competition, the General Advertising Law 34/1988, the consolidated consumer text, and the Electronic Commerce Law 34/2002. The latter requires identifying commercial communications.

Additionally, the Audiovisual Law 13/2022 and Royal Decree 444/2024 regulate users of special relevance, subject to CNMC supervision and additional obligations on advertising and minors. Not reaching that category does not exempt from general rules.

The 2025 Code of Conduct, promoted by AEA, IAB Spain, and Autocontrol and in force since October 2025, complements legislation through self-regulation: it is not a law.

3. Differences among Member States

• France: Law 2023-451, of June 9, specifically regulates commercial influence. It includes advertising identification, sectoral restrictions, retouched or artificial images, and contractual obligations. Since 2026, it requires a written contract when remuneration and benefits jointly exceed 1,000 euros before taxes.
• Italy: combines the Consumer Code, Legislative Decree 145/2007, and IAP self-regulation. AGCOM added guidelines and a code in July 2025 for certain high-reach influencers.
• Germany: applies the Unfair Competition Act —UWG— and media regulation —Medienstaatsvertrag—. The commercial relationship and context determine when advertising must be identified.
• Netherlands, Belgium, and Ireland: combine consumer legislation, administrative guidelines, and advertising codes. Sweden and Denmark especially rely on their marketing laws and consumer authorities. This European comparison explains the different approaches.

4. Practical consequence

The shared obligation is not to disguise advertising as spontaneous recommendation. Subjects under audiovisual supervision, product restrictions, contracts, and sanctions vary. For cross-border campaigns, it is important to determine the applicable legislation, not just where the followers are. The European Parliament's requests for a common European code are political initiatives, not a specific directive already in force.