Commission Publishes Digital Fairness Fitness Check Findings
The European Commission has published the findings of the Digital Fairness Fitness Check, which evaluates the adequacy of current EU consumer protection laws in the digital environment. This assessment covered the Unfair Commercial Practices Directive, the Consumer Rights Directive, and the Unfair Contract Terms Directive. The results indicate that these directives remain essential for ensuring a high level of consumer protection and the effective functioning of the Digital Single Market. However, the findings also reveal that consumers behave differently online and face unique challenges due to technological advancements and increased online tracking.
Key findings from the Fitness Check highlight that while the directives have provided regulatory certainty and consumer trust, consumers often feel a lack of control over their online experiences. Issues such as dark patterns in online interfaces, addictive design of digital services, personalized targeting, difficulties in managing digital subscriptions, and problematic practices by social media influencers are prevalent. These practices can lead to significant financial losses for consumers, estimated at €7.9 billion annually, while compliance costs for businesses are much lower, not exceeding €737 million per year.
The report underscores the need for further action to address the most harmful online practices and to enhance legal certainty to prevent regulatory fragmentation. Simplifying existing rules without compromising consumer protection and ensuring coherent application and effective enforcement of EU consumer law are crucial. The Commission’s agenda for the upcoming mandate will focus on these areas, including the development of a Digital Fairness Act to combat unethical digital practices.
The Commission’s Fitness Check serves as a comprehensive state of play, identifying areas for improvement and setting the stage for future actions. Public consultations, including a Call for Evidence, have informed this evaluation. President von der Leyen’s mission letter to the Commissioner-designate for Democracy, Justice, and the Rule of Law emphasizes the need for a Digital Fairness Act to address unethical digital practices and protect consumer vulnerabilities.
