On 24 October, Ecommerce Europe issued its response to the public consultation on the Digital Fairness Act. For the largest part, we highlighted to the European Commission that our existing legislative framework is fit for purpose and changes to it are not needed. What we do ask instead is clarifications via guidelines or other soft law measures to improve the interaction between the different legal instruments we already have. To express these views, we structured our response on 3 key pillars, which are further detailed below.
Firstly, just like in the call on the one-year LPF anniversary letter (we ask for more enforcement and less legislation . The recently adopted body of legislation (DSA, DMA, AI Act etc.) and research clearly show that the EU already has a comprehensive consumer and digital law framework (UCPD, CRD, GDPR, DSA, DMA, etc.). The real problem lies in inconsistent enforcement and interpretation across Member States, not in the absence of rules. The so-called “Digital Fairness Act” would only worsen fragmentation and complexity.
Secondly, we favour an approach that promotes clarification, cooperation, and guidance. It would be a lot more beneficial for the Commission to (1) improve enforcement coordination via the CPC Network, (2) develop case-based guidance clarifying how existing rules interact, (3) encourage cooperation and voluntary initiatives between authorities and businesses, and (4) invest in consumer awareness and enforcement capacity.
Lastly, in tune with the current political sentiment, we support a proportionate, innovation-friendly approach. There is a substantial risk that through the Digital Fairness Act, the final outcome will lead to over-regulation (especially around “dark patterns,” personalisation, and design rules), which would risk harming SMEs, innovation, and the level playing field between online and offline commerce.
To enable companies to take advantage of the Single Market and embrace innovative business models such as omnichannel retail, they need a single and consistent set of rules. Therefore, the EU should preserve flexibility, avoid prescriptive design mandates, and ensure business neutrality and competitiveness remain central.