CCPC position on the Digital Fairness Act

Submission of the CCPC to the European Commission’s public consultation on a proposed Digital Fairness Act.

This proposal for revisions to existing consumer protection law is based on the European Commission’s Digital Fairness Fitness Check. The CCPC’s submission to that earlier consultation is available at CCPC observations on the European Commission’s Fitness Check of EU consumer law on digital fairness. This check determined there were gaps in consumer protection law and further initiatives were needed to tackle problematic online practices that harm consumers.

The CCPC’s submission supported the goals of the proposed Digital Fairness Act. The CCPC highlighted specific areas where additional protections are needed.

The CCPC calls for a Digital Fairness Act that introduces clear, practical rules to:

• Help consumers make informed choices online
• Make enforcement easier
• Give businesses clarity on what’s allowed

Key areas for improvement:

• Digital contracts: Cancelling online should be as easy as signing up
• Fair design: Traders should build fairness into their digital products and services from the start
• Dark patterns: Define and ban specific manipulative tactics
• Drip pricing: Unfair drip-pricing should be banned
• Dynamic pricing: Must be transparent, especially in sectors that have not traditionally used dynamic pricing
• Addictive design: Define it clearly in law and allow users to opt-out
• Online games: Improve transparency around virtual currencies and engagement tactics
• Personalised pricing: Make pricing clear to consumers and ban unfair profiling
• Influencers: Define the term and clarify the transparency rules for influencers and their partners
• Enforcement: Strengthen cross-border enforcement to protect consumers and level the playing field for traders
• Ticket sales: Consider a right to withdraw for high-demand events