European Union: Closed inquiry into Digital Fairness under EU Consumer Law

On 3 October 2024, the European Commission concluded its inquiry into the effectiveness of EU consumer protection legislation in ensuring digital fairness. This comprehensive evaluation, called a Fitness Check, assessed the Unfair Commercial Practices Directive 2005/29/EC, the Consumer Rights Directive 2011/83/EU, and the Unfair Contract Terms Directive 93/13/EEC. The objective of the inquiry was to ascertain whether these directives continue to offer a high level of consumer protection in the context of the rapid evolution of the digital environment. The evaluation identified several key findings. While the existing legal framework partially provides a high level of protection, it was also determined that it is not fully effective in addressing emerging digital issues, such as dark patterns and deceptive practices. The evaluation underscores the necessity for enhanced enforcement mechanisms and the reduction of legal uncertainty for businesses operating in the digital domain. Furthermore, it emphasises the necessity of guaranteeing the consistent implementation of consumer protection legislation throughout all Member States.