EU: Call for evidence – Digital Fairness Act

 

The Eu Commission has published a call for evicence regarding the Digital Fairness Act.

The 2024 fitness check (evaluation) on digital fairness identified gaps in consumer protection online.

Taking into account the existing EU digital rule book, this initiative aims to tackle problematic practices such as:

• unfair commercial practices related to dark patterns
• misleading marketing by influencers
• addictive design of digital products
• unfair personalisation practices.

It also aims to ensure a level playing field for online traders, facilitate enforcement and introduce potential simplification.

Over the past 50 years, the evolution of EU consumer law has made European consumers some of the most protected in the world, both online and offline. Recent digital legislation has significantly strengthened consumer protections in the digital space. However, the Fitness Check on EU consumer law related to digital fairness revealed that, while the existing legal framework remains relevant and essential to safeguarding consumer rights and supporting the digital single market, it is not fully equipped to address the specific risks and harmful practices that consumers face online.

The Fitness Check identified gaps in protection and areas of legal uncertainty. In particular, consumers are frequently exposed to harmful online practices such as:

• Deceptive or manipulative interface designs (commonly referred to as dark patterns),
• Addictive features and unfair personalisation tactics that exploit vulnerabilities,
• Misleading marketing by online influencers,
• Challenges in managing digital contracts.

The current rules, which are largely principle-based, do not offer sufficient legal clarity for businesses or enforcement authorities.

In recent years, the EU has adopted several major legislative instruments to reinforce the digital rulebook—such as the Digital Services Act (DSA), Digital Markets Act (DMA), Artificial Intelligence Act, Data Act, and the Audiovisual Media Services Directive. These laws help mitigate risks tied to specific technologies or market actors, such as online platforms or AI systems. Notably, the DSA introduced new restrictions on unfair practices occurring on online platforms. Despite these developments, applying consumer protection rules in conjunction with this broader digital legislation remains complex, and certain regulatory gaps persist.

Key Issues the Initiative Seeks to Address:

1. Lack of digital fairness for consumers, including vulnerable groups such as minors. This results in suboptimal decisions that can lead to:
   • Financial harm,
   • Time loss,
   • Negative health impacts,
   • Environmental costs.
2. Legal uncertainty for businesses and market fragmentation, which increases compliance costs, hampers cross-border trade, limits business opportunities, and contributes to unfair competition—particularly from non-EU companies.

The Fitness Check estimated the annual financial harm to consumers from online problems at €7.9 billion—a figure that likely underestimates the true impact, as it does not account for time lost or non-financial harms such as psychological stress.

Without EU-level intervention, these issues are expected to escalate further, driven by the rapid growth of e-commerce, evolving technologies, and increasing consumer detriment.

Additionally, the European Commission’s goal of enhancing EU competitiveness includes simplifying rules and removing barriers within the Single Market. In the consumer protection domain, the Fitness Check highlighted a lack of legal clarity—particularly concerning unfair commercial practices. Fragmented national approaches, enforcement challenges, and unaddressed regulatory gaps undermine the Single Market and disrupt a level playing field for EU businesses.

To find out more about the digital compliance in the EU, please contact RCC.