Michael McGrath, the nominee for the European Commission, has detailed his plans for the Digital Fairness Act in written responses submitted prior to his upcoming confirmation hearing. Describing the Act as the "missing piece of the puzzle" in the European Union's digital rulebook, McGrath emphasized its role in addressing gaps left by existing legislation.

While praising the recently adopted Digital Services Act (DSA) and Digital Markets Act (DMA) as groundbreaking steps that positively impact consumer protection, McGrath noted that the Digital Fairness Fitness Check revealed remaining shortcomings. "We need more clarity about what is allowed and what is not allowed online," he stated, calling for targeted and proportionate measures to address these issues.

McGrath plans to focus on four core areas:

1. Dark Patterns: Implementing stricter regulations to eliminate manipulative design practices that deceive consumers.

2. Influencer Marketing: Ensuring transparency and accountability in online endorsements to protect consumers from undisclosed promotional content.

3. Addictive Design: Curbing design features that exploit user psychology to foster unhealthy engagement.

4. Problematic Personalization: Preventing the exploitation of consumer vulnerabilities through personalized content that may be misleading or harmful.

He also highlighted the need to assess challenges related to digital contracts and subscriptions, such as complicated cancellation procedures. Special attention will be given to protecting minors online, recognizing them as active users who are particularly exposed to risks due to their status as early adopters of new technologies like social media and video games.

McGrath envisions the Digital Fairness Act as a complementary piece of legislation that will enhance the coherence and consistency of the EU's digital regulatory framework. For example, while the DSA sets design obligations for online platforms to address dark patterns, the Digital Fairness Act could extend supplementary obligations to other commercial actors.

Emphasizing practical enforcement, McGrath committed to ensuring that the new digital rulebook is monitored and enforced in a way that is coherent with existing consumer legislation. "I will... ensure that it is monitored and enforced in a coherent and complementary way with consumer legislation, so as to ensure effective protection and competitiveness," he affirmed. He also acknowledged the importance of considering business perspectives to make the rules "easy to implement and least burdensome."

McGrath's proposals signal a concerted effort to strengthen consumer rights in the digital sphere, aiming to provide clearer guidelines and robust protections that allow consumers to fully benefit from the digital market.

Michael McGrath's confirmation hearing is scheduled for Tuesday 5 November from 9.00 to 12.00 (CET).

You can find more information on our page dedicated to the hearing.