The Digital Fairness Act Fitness Check assesses the adequacy of key EU consumer protection directives—the Unfair Commercial Practices Directive (UCPD), the Consumer Rights Directive (CRD), and the Unfair Contract Terms Directive (UCTD)—in the digital environment. It highlights the emergence of new challenges such as dark patterns, data-driven manipulation, and personalised advertising, which undermine consumer choice and trust. While the current framework provides a foundational level of protection, gaps in enforcement, legal uncertainty, and the inadequacy of existing laws to address newer technologies like AI and algorithmic decision-making are significant concerns. The evaluation suggests targeted updates to ensure effective protection and legal coherence across member states in this rapidly evolving digital landscape.
Final Report
Summary - Q&A - Press Release - 03/10/2024
Study to Support the Fitness Check: Part 1 - Part 2 - Annex
3rd Annual Digital Consumer Event - 30/11/2023
Consumer Protection Pledge
Burden of proof in consumer law
Addictive design of digital services
Public Consultation - Consultation period: 28/11/2022 - 20/02/2023
List of Contributors (Excludes Citizens)
Call for Evidence - Feedback Period: 17/05/2022 - 14/06/2022
Industry Opinion on Final Report
04/10/2024 Computer & Communications Industry Association (Archive)
04/10/2024 The European Lotteries (Archive)
04/10/2024 The European Consumer Organisation (Archive)
07/10/2024 EuroCommerce (Archive)
08/10/2024 Ecommerce Europe (Archive)