On 3 March, Ecommerce Europe – with the support of eBay, HelloFresh and Wolt – organised a roundtable discussion focused on the Digital Fairness Act (DFA) and why a one-size-fits-all approach may prove counterproductive.
The event opened with a discussion on the importance of ensuring a safe online environment for e-commerce in Europe, particularly in relation to imports. Participants highlighted the role of the Digital Services Act and the upcoming European Commission’s review of the Consumer Protection Cooperation (CPC) Regulation, noting the potential for this framework to serve as an enforcement vehicle for the future Digital Fairness Act.
The discussion then continued with a series of panels. In the first panel, the participants discussed personalisation and advertising. Participants exchanged different perspectives on the subject and while some expressed views that consumers may not be in favour of personalisation and that the DFA is a necessary tool, others disagreed with this approach and argued that consumers do view personalisation positively and that as long as the consumers are in control of their experiences and information is presented to them in a transparent manner, then the practice should be allowed to exist and can even be beneficial to consumers.
The second panel focused on consumer protection and choice. Some participants recognised that consumer behaviour may differ online and offline and that some different protections may be necessary. Participants also noted that while the use of data has transformed how companies interact with consumers, it can also empower consumers by helping them navigate offers and save time. The discussion also touched upon the lack of harmonisation across Member States and some support the view that existing legal tools would not necessarily be insufficient.
The third panel examined the value of e-commerce in Europe’s digital and green transitions. The participants underlined that it is fundamental to extend the life of products and make durable products more affordable. In this regard, e-commerce is uniquely placed to help buyers and sellers scale fast and enable the digital and green transitions. At the same time, companies face problems related to fragmentation, therefore more harmonisation of legal frameworks and centralisation of enforcement could be of great added value.
Following this last panel, the event concluded and the key points highlighted throughout the day were the following: 1. The Commission should embrace a more risk-based approach, 2. Fragmentation is a key issue businesses face, and 3. Businesses have expressed hesitations when it comes to the DFA.