The Digital Fairness Act Fitness Check assesses the adequacy of key EU consumer protection directives—the Unfair Commercial Practices Directive (UCPD), the Consumer Rights Directive (CRD), and the Unfair Contract Terms Directive (UCTD)—in the digital environment. It highlights the emergence of new challenges such as dark patterns, data-driven manipulation, and personalised advertising, which undermine consumer choice and trust. While the current framework provides a foundational level of protection, gaps in enforcement, legal uncertainty, and the inadequacy of existing laws to address newer technologies like AI and algorithmic decision-making are significant concerns. The evaluation suggests targeted updates to ensure effective protection and legal coherence across member states in this rapidly evolving digital landscape.

The report analysed a number of potentially problematic practices including (see pages 146 - 203):

• Dark patterns

• Addictive design and gaming.

• Personalisation (advertising, ranking, recommendations, pricing/offers)

• Social media commerce and influencer marketing

• Contract cancellations and digital subscriptions

• Unfair contract terms

• Automated contracting

• Dropshipping

• AI chatbots

• Scalper bots

• Ticket sales.