The European Commission has released the final report on its Digital Fairness Fitness Check, which evaluates the effectiveness of existing EU consumer protection laws in addressing the challenges of the digital environment. This comprehensive evaluation reviewed three core directives (Unfair Commercial Practices Directive, Consumer Rights Directive, and Unfair Contract Terms Directive) to determine if they sufficiently protect consumers online.

The findings highlight that while current laws provide a strong framework, adaptations are needed to address issues unique to digital markets, such as "dark patterns" in user interfaces, which often manipulate consumer choices, and the addictive design of digital services, especially in gaming and social media platforms. The report notes that consumers frequently have trouble managing subscriptions and cancelling digital services, with such challenges leading to an estimated annual loss of €7.9 billion across the EU.

The Commission also raised concerns about the fragmented enforcement of consumer protection laws across member states, suggesting that harmonization and improved enforcement could enhance legal certainty and reduce costs for compliant businesses. This report will inform future regulatory actions, potentially paving the way for a new "Digital Fairness Act" aimed at creating a safer and fairer digital space for all EU consumers.

We have published a page dedicated to this report where you can find the full report, summary, and other relevant resources.