The European Commission has proposed rules for software that buys things on your behalf. Under the plan, you would choose how much freedom a shopping agent has the first time you use it. In some cases, the agent would still have to ask before it buys, even if you gave it full freedom.
What changed
On 11 November 2026, the Commission published the Digital Fairness Act. It would update EU consumer law to tackle tricks such as dark patterns (designs that nudge you into choices), addictive design, subscription traps and unclear pricing. Two articles, 26 and 27, cover automated buying tools.
Article 26 covers software that can make decisions with legal effects without a person stepping in. The definition is broad, so simple rule-based buying tools could count, not only advanced AI. On first use, the consumer would pick one of three autonomy levels. The seller offering the tool would confirm that choice in a lasting format, such as an email.
- One option lets the agent complete purchases on its own, if the consumer picks it.
- Pre-selecting a "confirm nothing" setting could be a problem under the dark pattern rules.
- Financial services are left out of Article 26.
Who it affects
Companies that build shopping agents would need settings that work after the sign-up screen. An agent allowed to spend €80 should not complete a €120 purchase because of a surcharge added at checkout. Clear approval prompts and records of what you allowed, and what the agent did, would matter, though the article does not strictly require logs.
Retailers are affected too. A store's own shopping agent falls under the rules. If it recommends products from its own operator, that could be a conflict of interest, and then every purchase might need your approval. The proposal does not say every retailer-run agent is conflicted. Stores also could not make an agent the only way to buy.
Article 27 covers deals where software sits on both sides, such as your agent dealing with a store's agent. Required information could be sent in a format machines can read, and the "order with obligation to pay" button would not be needed. You would still get a plain-language confirmation afterward.
What is not settled
Sponsored recommendations and affiliate deals would not be banned, but they could add friction. One open question is whether a commission paid only after a sale counts as payment for proposing a contract. The answer could matter a lot for agents funded by advertising. The proposal also would not give outside agents a general right to access merchants' websites.
What happens next
The European Parliament and the Council will now consider the proposal. If it passes, the rules would apply 12 months after entering into force, with potentially substantial penalties. The text could still change before then.
The takeawayIf you use or sell through AI shopping tools in Europe, expect required approval settings and a clear record of what the agent was allowed to do.