Possible changes to digital consumer services law

14 Dec 2022

Does EU consumer law need to be strengthened with regard to digital goods and services?

The EC has commenced public consultations to determine whether current legislation sufficiently protects consumers.

The following need to be reviewed with regard to digital fairness:

  • dark patterns,  
  • personalization practices,
  • recommendation marketing,
  • influencer marketing,  
  • digital subscription,
  • virtual assets, and currencies in applications.

The consultations concern three EU directives:

  • Directive 2005/29/EC on unfair commercial practices,
  • Directive 2011/83/EC on consumer rights,
  • Directive 93/13/EEC on unfair terms in consumer contracts.

Will further broad-ranging legislation to regulate the Internet prove necessary, such as the Digital Services Act or Digital Markets Act? Will a new act, given the working title Digital Fairness Act by EC official Egelyn Braun, be necessary?

The consultations will continue until 20 February 2023.