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Fitness Check of EU consumer law on digital fairness

Consumers

The Commission announced in the New Consumer Agenda that it will analyse whether additional action is needed to ensure equal fairness online and offline. The Fitness Check of EU consumer law on digital fairness will determine whether three horizontal consumer law instruments - Unfair Commercial Practices Directive 2005/29/EC, Consumer Rights Directive 2011/83/EU and Unfair Contract Terms Directive 93/13/EEC – ensure a high level of consumer protection in the digital environment.

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Public consultation

ID: 13413

Lobbying Activity

25 responses

BEUC urges EU to ban manipulative digital commercial practices

Bureau Européen des Unions de Consommateurs, 14 Jun 2022

BEUC requests that the EU updates consumer laws to include the concept of digital asymmetry. They call for a ban on personalized pricing and emotional profiling of consumers. The group also proposes that the burden of proof should automatically rest with businesses.
This would allow BEUC to more effectively pursue legal action against tech companies.
Big tech firms would lose revenue from behavioral advertising and face stricter compliance.

AmCham EU: Existing rules enough for digital consumer fairness

American Chamber of Commerce to the European Union, 13 Jun 2022

AmCham EU argues that existing rules are sufficient and no new digital-specific legislation is required. They recommend that authorities focus on enforcing current frameworks like the Digital Services Act. They also advocate for self-regulatory initiatives rather than developing additional requirements.
The industry avoids the financial and operational burdens of navigating new regulations.
Consumers lose potential legal upgrades specifically designed to tackle emerging digital harms.

EuroCommerce Urges Enforcement Over New Digital Consumer Regulations

EuroCommerce, 14 Jun 2022

EuroCommerce argues existing laws cover digital issues and warns against new legislative layers. They advocate for better enforcement rather than creating fragmented and confusing overregulation.
Limiting new regulations reduces administrative burdens and preserves existing retail marketing strategies.
Consumers lose potential new legal protections against subtle forms of digital manipulation.

DIGITALEUROPE urges enforcement of existing rules over new regulations

DIGITALEUROPE, 14 Jun 2022

The organization calls on the EU to use existing laws like the Digital Services Act instead of introducing new measures. They argue that current regulations are sufficient to handle issues like dark patterns and online transparency.
The industry avoids the financial burden of new information requirements and complex compliance obligations.
Consumers lose potential new legal protections against manipulative digital business practices.

European Banking Federation urges uniform EU digital consumer rules

European Banking Federation, 13 Jun 2022

The EBF calls for full harmonisation of consumer laws to prevent member states from creating diverging national rules. They argue that financial sector regulations should prevail over general consumer laws to protect the uniqueness of banking products. Additionally, they propose a tiered information system to prevent consumer information overload.
Banks would avoid the complexity and cost of navigating different national rules.
Tech startups would lose their advantage from currently having lighter regulatory requirements.

German banks urge uniform EU consumer rules to stop gold-plating

Bundesverband deutscher Banken e.V., 13 Jun 2022

The association demands full harmonisation to prevent member states from applying diverging national requirements. They propose a tiered information system to reduce overload and maintain the principle of the responsible consumer. They also argue that young digital firms must follow the same rules as established banks.
Banks could offer identical products across the EU without adapting to local regulations.
Emerging digital startups would face increased costs by losing their lighter regulatory status.

German insurance industry urges delay of digital fairness review

Gesamtverband der Deutschen Versicherungswirtschaft e.V., 10 Jun 2022

The organization argues that the digital fairness fitness check is premature and should be postponed. They recommend first observing the practical application of recently updated consumer protection rules and legislative changes.
The industry avoids potential new legislative proposals and redundant compliance requirements.
Consumers may experience a delay in addressing digital risks like dark patterns.

Ryanair demands stricter rules for unauthorised online travel agents

Ryanair Holdings, 14 Jun 2022

Ryanair calls for legislative changes to protect consumers from the deceptive practices and hidden mark-ups of unauthorised travel agents. They request that intermediaries be forced to display the true air fare and share genuine passenger contact details.
Obtaining direct passenger data would help Ryanair manage flight updates and process refunds more efficiently.
Online travel agents would lose the ability to apply hidden fees and mark-ups via screenscraping.

DOT Europe Urges EU to Enforce Existing Consumer Rules

DOT Europe, 13 Jun 2022

DOT Europe argues current laws leave no obvious gaps in protection for online consumers. They request the Commission prioritize enforcement and self-regulation over new legislation.
Sticking to existing laws avoids the high costs of fragmented national regulations.
Vulnerable groups may lose specific protections if the Commission ignores digital-specific risks.

German consumer group urges tougher EU digital fairness rules

Verbraucherzentrale Bundesverband, 14 Jun 2022

The organization calls for closing legal loopholes and suggests reversing the burden of proof in return disputes. They also request mandatory notifications before user accounts are closed or blocked.
Clearer regulations would make it easier for them to pursue collective legal action against companies.
Dishonest online shops and platforms would lose their ability to exploit technical loopholes.

Independent Retail Europe: Current consumer laws are fit for purpose

Independent Retail Europe (formerly UGAL - Union of Groups of Independent Retailers of Europe), 14 Jun 2022

The association claims current laws already effectively regulate digital practices for omnichannel retailers. They maintain that online consumers face no different risks than those shopping offline.
Retailers avoid redundant regulatory burdens and the costs of implementing new compliance systems.
Consumer groups may see manipulative digital practices continue without more specific, updated legal bans.

Ecommerce Europe claims existing consumer laws are fit for purpose

Ecommerce Europe, 14 Jun 2022

Ecommerce Europe believes the current legal framework is fit for purpose. They urge focusing on improving enforcement and harmonizing interpretation of existing rules. The Commission should avoid 'dark patterns' and use 'online choice architecture' instead.
This would help companies avoid legal uncertainty and the cost of overlapping rules.
Consumers lose specific digital protections if the EU relies solely on existing, poorly-enforced rules.

Liberty Global Argues Current EU Consumer Laws Remain Fit

Liberty Global Corporate B.V., 14 Jun 2022

Liberty Global maintains that principle-based rules remain fit for the digital sector. They urge officials to evaluate existing laws before proposing new regulations.
Maintaining the status quo avoids unhelpful administrative burdens and complex implementation timelines.
Consumer groups seeking stronger protections against data-driven practices like dark patterns.

Toy Industries of Europe urges EU focus on online fakes

Toy Industries of Europe, 14 Jun 2022

TIE recommends adding counterfeit sales and online scam s to the consumer law fitness check. They also advocate for better traceability of products sold via online marketplaces.
This would help legitimate companies defend their trade marks agains t illegal online competition.
Online platform s could be force d to increase oversigh t of suspicio us adverti s ing and trade rs.

Lewiatan Urges Stronger Enforcement Over New Digital Consumer Rules

Polish Confederation Lewiatan, 14 Jun 2022

Lewiatan claims existing consumer laws cover all digital practices without clear gaps. They recommend focusing on enforcement resources rather than creating new regulations.
This prevents new regulatory burdens and ensures legal certainty for businesses.

ADAC urges reimbursement for consumer expenses after contract cancellation

Allgemeiner Deutscher Automobil-Club e.V., 14 Jun 2022

ADAC considers current laws sufficient but suggests adding reimbursement for necessary expenditures. This would apply when traders fail to inform consumers about withdrawal rights.
This would improve the legal security and financial protection of ADAC members.
Businesses would be forced to pay for repairs or parts added by consumers.

EASA urges EU to trust self-regulation for digital fairness

European Advertising Standards Alliance, 14 Jun 2022

The organization argues that revising current consumer laws is unnecessary because existing rules and industry self-regulation already protect consumers. They claim that self-regulation offers a flexible and fast response to emerging issues like influencer marketing and dark patterns.
This avoids additional regulatory burdens while cementing the authority of industry-led self-regulation.
Consumer groups lose the potential for stronger, legally binding protections against manipulative digital practices.

Consultation response

Seldia - The European Direct Selling Association, 14 Jun 2022

Currently, there are a number of consumer protection legal instruments applicable to the digital environment.These include the Unfair Commercial Practices Directive (UCPD), the Consumer Rights Directive, the Omnibus Directive, the recently updated guidelines on the EU Consumer law but also the…

Consultation response

Trustpilot, 14 Jun 2022

Trustpilot welcomes the opportunity to provide input to the Commission on the EU’s Digital fairness – fitness check on EU consumer law. Trustpilot is an online consumer reviews platform that brings businesses and consumers together to foster trust and inspire collaboration. Our vision is to…

Consultation response

Face-value European Alliance for Ticketing, 14 Jun 2022

The Face-value European Alliance for Ticketing (FEAT), a pan-European organisation campaigning against unfair ticket resale online, welcomes the European Commission’s evaluation of EU consumer law with regard to digital fairness. FEAT believes there are still significant gaps in the legislation…

Consultation response

Mirakl, 14 Jun 2022

Les accords politiques récemment trouvés sur les deux textes majeurs (DSA et DMA) montrent que l'Union européenne sait poser les jalons nécessaires pour mieux réguler les géants de la technologie. Mirakl se félicite de ces avancées historiques qui permettront de créer les conditions d’une…

Consultation response

WEEE Forum aisbl, 24 May 2022

Online platforms that are consumer facing are a part of the everyday life of consumers and professional customers shopping for products and services online. They include traditional marketplace services and social media networks. Whilst these services can improve consumer and business choice, they…

Consultation response

HelloFresh SE, 13 Jun 2022

HelloFresh SE welcomes the opportunity to provide feedback on the Fitness Check of EU consumer law on digital fairness. As a global food solutions group and the world’s leading meal kit company, HelloFresh consists of six brands that provide customers with high quality food and recipes for…

Consultation response

European Consumer Centre Belgium, 13 Jun 2022

The network of 29 European Consumer Centres (ECCs) empowers consumers to know their rights and to take full advantage of the opportunities the Single Market offers. The ECC-Net‘s legal experts assist consumers to solve their cross-border problems free of charge by providing strong legal expertise.…

GISAD urges mandatory data assessment for state benefit recipients

Global Institute for Structure relevance, Anonymity and Decentralisation i.G., 14 Jun 2022

GISAD argues against detailed regulations that increase administrative burdens. They propose a holistic digital system using group-based evaluation processes to improve information quality. They specifically suggest linking state benefits to a mandatory obligation of digital data assessment.
This shift would help organizations avoid the costs of more detailed regulation.
Recipients of state support, including pensioners, would be forced to perform digital tasks.