European Union: Opened consultation on EU consumer law on digital fairness

On 28 November 2022, the European Commission opened a public consultation on the fitness of European competition law on digital fairness until 20 February 2023. The Commission aims to gather information regarding the adequacy of the Unfair Commercial Practices Directive (2005/29/EC), the Consumer Rights Directive (2011/83/EU)and the Unfair Contract Terms Directive (93/13/EEC). In particular, the consultation aims to determine if the current consumer protection regulations provide adequate level of protection in the digital environment and ways to address consumer vulnerabilities, such as dark patterns, influencer marketing, personalisation practices, contract cancellations and addictive use of digital products. The Commission could issue new legislative proposals or additional rules and guidelines following the consultation.