German Federal Youth Council participates in the EU Commission's consultation on the Digital Fairness Act (DFA)
Shahadat Rahman / unsplash
The German Federal Youth Council has published a statement as part of the consultation.
Statement by the German Federal Youth Council (DBJR) on the EU Commission's consultation on the Digital Fairness Act (DFA)
DBJR guideline
Digital policy is youth and social policy. Young people have rights to protection, participation and empowerment - including digitally. The benchmark is the DBJR position "Shaping digital participation fairly - in, on and through digital spaces": safety-by-design instead of blanket access restrictions, protection of anonymous "safer spaces", prioritising data protection over advertising interests, accessibility and anti-discriminatory design, promoting media skills and recognising digital spaces as places of education, participation and culture.
1) Binding bans on manipulative design and fair election architectures
The DBJR supports a clear ban on dark patterns in all phases of use - from registration and consent to cancellation and opt-out. This includes manipulative consent processes, "Confirmshaming", "Roach Motels" and "Drip Pricing".
In addition, positive obligations are needed: equally simple cancellation channels ("as easy to cancel as to sign up"), data-saving default settings and brief, comprehensible information.
2) Protection against exploitative personalisation and profiling - especially for minors and young adults
The DFA should prohibit or impose strict obligations on profiling-based influence that specifically targets the vulnerability of young people (e.g. through endless feeds, loot box mechanics or manipulative subscription tactics).
Advertising and personalisation must not force young people to disclose data; data protection must take precedence over advertising interests.
3) Influencer marketing: clear obligations and platform responsibility
Labelling obligations for paid content and commercial relationships as well as easily accessible complaints mechanisms must be made binding throughout the EU. Platforms must be made responsible for taking action against surreptitious advertising and misleading content.
4) Safety-by-design instead of blanket bans, age verification or clear name requirements
The DFA should stipulate youth-friendly default settings, secure reporting and help structures, protection mechanisms without overblocking and barrier-free user guidance - without blanket age verification or clear name requirements that restrict participation and protection rights and undermine anonymity in "safer spaces".
5) Accessibility and anti-discrimination as cross-cutting obligations
In addition to minimum standards, regular accessibility audits, the use of simple language and the mandatory involvement of experts with disabilities in design and test phases are required.
6) Youth impact assessments and co-design
Mandatory youth impact assessments should apply to products and functions with a high reach among young users - including the participation of young people and youth organisations in co-design and transparent risk mitigation plans. This strengthens empowerment alongside protection.
7) Enforcement, coherence and transparency reports
The DFA needs clear supervisory assignments, effective sanctions and annual transparency reports from providers on changes in design and decision-making architecture with an impact on fairness and the protection of minors.
It must close gaps in the existing legal framework and be designed coherently with the DSA, DMA, GDPR and AI Act.
8) Accompanying: Strengthen access, open source and media literacy
Legal fairness is only effective with secure access (end devices, connectivity), open and trustworthy technologies (free software) and the systematic promotion of media literacy in schools, youth services and extracurricular education. Although these structural conditions lie outside the DFA core, they increase effectiveness and acceptance.
Conclusion
The Digital Fairness Act is a key opportunity to design digital environments in such a way that they empower rather than manipulate young people. It should prohibit manipulative design, make safety-by-design and accessibility mandatory, limit exploitative personalisation, regulate influencer marketing in a youth-friendly way, protect anonymous "safer spaces" and effectively strengthen supervision - in line with existing EU law and the DBJR's goals of protection, participation and empowerment of young people.