Digital Fairness Act: do we need new laws or simply better enforcement?

Executive summary
Europe already boasts one of the world’s most comprehensive consumer protection frameworks, applying horizontally across all consumer-facing businesses. A new Digital Fairness Act would merely duplicate existing regulations, driven by the mistaken belief that ‘tech companies’ require special regulation.

EU consumer law is principles based and designed to adapt to new challenges without constant legislative revision. It already addresses deceptive practices, unfair contracts, manipulative design, transparency and accountability. This includes the Unfair Commercial Practices Directive (UCPD), the Consumer Rights Directive (CRD), the Unfair Contract Terms Directive (UCTD), the Digital Services Act (DSA) and the General Data Protection Regulation (GDPR).

Common concerns, such as subscription traps, free trials or screen time management, are already regulated. For example, subscription traps are prohibited under the UCPD and CRD, whilst industry widely offers tools for managing screen time and spending limits. Personalised advertising is strictly regulated under the GDPR and DSA, covering transparency, user choice and opt-outs. AI-powered chatbots in highrisk areas are covered by the AI Act, and financial services remain protected by sector-specific rights to human interaction. Influencer marketing is equally regulated through horizontal consumer law, the DSA and the Audiovisual Media Services Directive (AVMSD), requiring transparency and prohibiting misleading endorsements.

Rather than layering duplicative rules that only burden compliant businesses, the EU should focus on strengthening enforcement of existing laws. Stronger enforcement will have a deterrent effect whilst supporting Europe’s competitiveness agenda.