Digital Fairness Act (DFA)

With the planned Digital Fairness Act (DFA), the European Commission aims to further strengthen consumer protection in the digital space and adapt existing regulations to new digital business models. The Digital Fairness Act is currently still in the political preparation process, and concrete legislative proposals from the EU Commission are still pending. However, it is already becoming apparent that issues such as dark patterns, manipulative user interfaces, personalised pricing, influencer marketing, in-app purchases and the handling of consumer data could be subject to greater regulation. The DFA is expected to further develop existing European consumer protection regulations, particularly in the area of unfair commercial practices and digital contract law.

For companies offering digital products, platforms or online services, it is already worthwhile to closely follow regulatory developments. Early compliance strategies and adjustments to business models, user interfaces and marketing practices can help to avoid future risks. Our solicitors are supporting companies in the legislative process for the Digital Fairness Act, keeping them up to date on current developments at EU level and helping them to prepare their digital business models for the expected requirements in a preventive manner.

Our main areas of activity in connection with legal advice on the Digital Fairness Act (DFA) are


Ongoing monitoring and analysis of the EU legislative process for the Digital Fairness Act


Regular updates and assessments of regulatory developments in digital consumer protection


Advice on the preventive adaptation of digital business models to possible future requirements


Review of online interfaces and user guidance with regard to possible dark patterns


Legal assessment of personalised advertising, personalised pricing and data-driven business models


Advice on transparency requirements for influencer marketing, online platforms and digital services


Support in developing fair and transparent user and contract terms


Classification of the DFA in conjunction with the Digital Services Act (DSA), Digital Markets Act (DMA), GDPR and consumer law


Strategic advice on compliance and future regulation in the digital single market


Support for companies in submitting comments and representing their interests in the legislative process


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