A leaked EU draft would make AI shopping helpers ask for fresh approval when they are paid to push a deal. Shoppers and sellers could see more prompts.
AI shopping helpers in Europe may soon have to ask before they buy. A leaked draft of the European Union's Digital Fairness Act would require a shopper's fresh approval when the company behind the helper is paid for suggesting a deal, or has a conflict involving the seller. The text is unofficial and could change.
Article 26 would let people hand purchasing decisions to an AI agent. The catch is the money. If the agent's provider gets paid for proposing a contract, or has a conflict involving the merchant, the shopper would need to approve again.
Barry Scannell, a partner at Irish law firm William Fry, highlighted the rule in a LinkedIn analysis on Tuesday. His example was a hotel booking. An agent working within an approved budget could still need a confirmation if its recommendation carries a commercial incentive.
At first use, shoppers would choose one of three settings:
Settings could be changed at any time. The choice would be confirmed on a durable medium, meaning a lasting record the shopper can keep.
Companies that build shopping agents would need to treat permission settings as a core feature. Records linking a shopper's instructions, later changes and completed purchases could help settle disputes. A request like "buy my usual groceries" would need clear rules on substitutions, higher delivery charges, different sellers and repeat orders.
The business effects could be large. An assistant funded by merchant referral payments might interrupt routine shopping often. One funded by the shopper could feel smoother, but a subscription would not remove conflicts from affiliated sellers. The draft does not spell out that split. It is an analysis of possible outcomes.
Retailers are touched too. Article 27 covers purchases made entirely by automated systems on both sides. Sellers could provide pre-contract information in machine-readable form, but shoppers would still get a clear confirmation. The draft also excludes financial services and bars merchants from requiring shoppers to use automated systems.
The leak is not the official text. The European Commission's proposal was expected Wednesday, Nov. 11. After that, Parliament and member states would negotiate the law, so binding rules are a long way off.
Some questions remain open. The draft keeps existing contract-law rules. Who is responsible when an agent goes beyond its instructions, makes an unexpected purchase or faces changing terms has yet to be addressed.
If you use or sell through AI shopping tools, expect more approval prompts and keep clear records of what shoppers allowed.
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