In his hearing before the European Parliament on November 5th 2024, Michael McGrath, the newly appointed EU Commissioner for Democracy, Justice, and the Rule of Law, laid out his vision for the upcoming Digital Fairness Act (DFA).

This article outlines key points and quotes from Commissioner McGrath about the Digital Fairness Act during the hearing. For a more detailed outline and all videos, visit our page dedicated to the hearing.

Commitment to Consumer Protection

In his opening statement, McGrath emphasized the need for enhanced consumer rights in the digital marketplace.

"I will take forward a Digital Fairness Act to reinforce consumer protection in targeted areas to complement the existing EU Digital Rulebook,"

Protecting Minors Online

A significant focus of the DFA is safeguarding children from harmful online practices. Responding to questions about protecting minors, McGrath highlighted the unique challenges they face.

"The purpose of the Digital Fairness Act when it comes to minors is not about replicating anything that's done in any other legislation," he explained. "We would be naive to think that the preeminence of these features and games are not having a long-term impact."

Addressing Dark Patterns and Addictive Design

McGrath acknowledged concerns about manipulative online tactics such as dark patterns and addictive design features.

"I will address dark patterns, marketing by social media influencers, addictive design of digital products, and unfair personalisation practices,"

Avoiding Legislative Duplication

MEPs raised concerns about potential overlaps with existing laws. McGrath assured them that the DFA aims to fill gaps rather than duplicate.

"The Digital Fairness Act is not about layering additional requirements that are already in other bodies of law," he clarified. "This is about closing gaps that are there, which will help to protect and support consumers."

Taking on Big Tech and Harmful Practices

When questioned about confronting powerful tech companies, McGrath expressed his readiness to tackle challenging issues.

"Yes, we can do something, and we will do it together when we bring forward this file," he responded. "We understand the business model of big tech... we are going to have to address this in the Digital Fairness Act."

Dynamic Pricing and Shrinkflation

Addressing concerns about dynamic pricing and shrinkflation, McGrath indicated that these issues would be considered within the DFA framework.

"I want to look at this in the context of the Digital Fairness Act," he said regarding dynamic pricing. On shrinkflation, he emphasized the importance of transparency: "It's important that there is full transparency for consumers in relation to any changes in the quality or the composition of products."

Michael McGrath's hearing shed light on his commitment to enhancing consumer protection through the Digital Fairness Act. He claims that by targeting specific gaps in current legislation, the DFA will create a safer and fairer digital environment for all consumers, especially minors.

What’s Next?

Although it is unlikely we will hear much more on the DFA during the Commission’s hearings, one should keep an eye on Virkkunen’s hearing on Tuesday 12 November from 18.30 to 21.30 (CET). Commissioner on Tech Sovereignty, Security and Democracy Henna Virkkunen will head the largest number of digital policy files on compared to other Commissioners. In her pre-hearing written response to Parliament she briefly stated that she will take a supporting role McGrath's DFA. We will update our newsletter subscribers and website as soon as we hear more about the Digital Fairness Act.