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The European Commission Publishes the Findings of the Digital Fairness Fitness Check

The European Commission has recently published the findings of the digital fairness Fitness Check, which assesses whether current EU consumer protection laws are suitable for providing a high level of protection in the digital environment.

According to the findings;

  • The Fitness Check encompassed three fundamental directives: the Unfair Commercial Practices Directive, the Consumer Rights Directive, and the Unfair Contract Terms Directive.
  • The results indicate that these regulations are both relevant and necessary for ensuring a high level of consumer protection as well as for the effective functioning of the Digital Single Market.
  • However, the findings also suggest that consumer behavior in online environments differs from that in offline settings.
  • Furthermore, advancements in technology and increased monitoring of online behaviors have enabled businesses to influence consumers more effectively in digital contexts.
  • This highlights the need for regulations that are better tailored to address specific harmful practices and challenges that consumers encounter online.
  • The three directives have provided a certain level of regulatory certainty and consumer confidence, supporting the development of a diverse digital marketplace.
  • Consumers do not always feel they have full control over their online experiences due to such practices.
  • Various harmful online commercial practices are estimated to cost EU consumers at least €7.9 billion annually.
  •  The Fitness Check demonstrates the necessity for further action to create a fair digital environment for consumers.
  • There is scope to simplify existing regulations without compromising the level of protection.
  • In response to emerging concerns regarding the lack of digital fairness for consumers, the Commission announced its intention to analyze the need for additional legislation or other actions to ensure equity both online and offline as part of the New Consumer Agenda.
  • Difficulties in managing digital subscriptions make it challenging for consumers to cancel their subscriptions; 40% complain about the difficulty of the cancellation process. 70% of consumers are concerned about the use and sharing of their personal data.
  • The upcoming Commission plans to develop a Digital Fairness Act to address unethical commercial practices related to dark patterns and social media influencers.

 For more information, click here and here.

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr