In October 2024, The European Commission (EC) Published Its Digital Fairness Fitness Check Report As part of a Continued effort to evaluate the effectiveness of european union (EU) Legislation with Consumer Protection Laws.
Specifically, it evaluated the efficacy of the unfair commercial practices direct, the consumer rights direct, directive, and the unfair contract terms direct.
The report revised these existing laws “Have only partally achieved the objectives of providing a high level of consumer protection”, with harmful commercial practices to lege € 7.9bn Per year, and further Drew Attention to the Power and Information Imbalances Between Businesses and Consures Online. Now, its findings are being used to shape the latest development in tech policy in europe, the Digital Fairness Act (DFA).
Following the report, President of the European Commission Ursula von der Leyen Wrote to Michael McGrath, The Eu's Commissioner for Consumer For Consumer Protection, to Urge His Successor to Develop A Digital Fairna.
The mission letter outlined Five Core Problematic Practices in consumer-facing apps and online platforms today; Including “Dark patterns”, addictive design, personalized targeting features, Problematic Commercial Practices of Social Media Influencers, and Features that make it exgent Difligly Difligly Difligly Dificial Ubscriptions.
Recent legislation such as the uk's Online Safety Act and the eu's Digital services act (DSA) Have aimed to address some of the illegal and harmful online practices that person online, but a digital fairness act could potentially tackle some of the more pervasive technologic tools Y Tech Companies and Digital Platforms to Persuade and Engage Consures.
For example, a study conducted by the ec in 2022 found that 97% of the most popular websites and apps used by eu consumers use at least one Dark patternWhich are manipulative interface designs and functionalities which undermine informed consent and mislead users.
Similarly, The European Consumer Organization's (Beuc) Consumer survey in September 2023 Reveled That Majority of Consures Feel Personal Data Analysis and Monetisation is unfair (60%), and less than half (43%) do not feel full of the decisions Ent they are shown Online.
With the DFA Currently in its proposal phase, Civil Society Organizations and Campaigners are putting forward their suggestions to the european commission. Many Civil Society Organizations Across Europe Are Hopeful that the act will tackle some of the most exploitative techniques that have been fundamental to the tech industry IBLE for Many of the Harms that digital users face today.
Fairness by design
European digital rights (Edri) is the largest european network of Organizations Defending Rights and Freedoms Online, and are working on a position paper with their members on the DFA. They hope that the act will address exploitative practices often employed by big tech and ad tech intermediaies, which they say Inalized Communities ”.
One area of focus they have been for the dfa is to ensure it adopts a rights-countred approach that recognies digital users not just as consucers, but as People with browder indive
“A core assumption underpinning this approach is in the vulnerability is inhare , A policy adviser at edri.
To address these challenges, Edri are advocated for embedding Principles of “Fairness by Design” and “Fairness by default” into the act. They hope this will ensure that Fairness and Respect for Fundamental Rights are integral to the development and operation of digital platforms and services, rather than optional Considerations.
Superrr LabAn Organization Advocating for just digital futures, recently published a position paper titled Digital Fairness-Shaping Consumer Protection in a Just and Future-Prof Way,
They too echo the desire for Fairness by design and by default to be enshrined in the act: “The dfa will be most effective in truly enhancing digital rights if items are the sausess of iers Al Realm. Consures are humans with rights beyond markets and consumer protection law, and an effective dfa, should be shaped accorded accorded to ensure True Digital Fairnans – In the SENSE OF NO DISCISE Portunities for Participation. “
The Addictive nature of social media platforms Is another digital design feature that act even would address, and an area where is increases public scrutiny, particularly in Relation to its Effects on Children and Young People's Mental WellbeingChallernging this feature through policy hold potentially address one of the main tans of the industry's extraactive business model.
“Commissioner for Justice Michael McGrath has said it plainly: 'They want to keep people online constantly, Including our children, and this is how to get money from advertising',” n and policy consultant for People vs big techSaid. “Meanwhile, the evidence of harm is mounting. Binding rules are cleared
Enforcement and real accountability
Better enforcement is another core ambition for the DFA. The Digital Fairness Fitness Check Report Drew Attention to the Pervasive Non-Compliance Popular Among Tech Companies and Social Media Platforms, and the Need for Real Accountability. Earlier in 2024, The European Commission Opened Proceedings against Meta, Alphabet and Apple Over their failure to effectively with their obligations under the existing digital markets act (DMA).
“To make a real difference, the Digital Fairness Act needs to set out clear rules that are easy to understand, to apply and – if necessary – to enjoy. Unfortunately, Current Eu Law Does Not Provide Sufficient Legal Certain in Relation to Unfair Commercial Practices Online and TheRefore does not adequately protect calend ficer at Beuc,
Edri echo the need for more robust enforcement mechanisms and the prohibition of manipulative practices outright, Rather than related on voluntary compliace mechanismsWhich have Historically Failed,
Aside from Voluntary Compliance Mechanisms, Gaps in Enforcement have also passed due to the fact that the existing directs covered by the fitness check do not contracting obligations.
An Ambitious Digital Future: Breaking Up Big Tech
Some believe the dfa could potentially break up the monopolies with Have more than 45 million users per month in the eu. INTEAD, They Advocate for a digital ecoSystem that allows independent, third-party content curse and modification services.
“Unbundling the Social Networks Could Many of the Harms Connected to Addictive Design and Predator Data Survelance by Providing Consures with a Marketplace of Options Curation tools, “Says katarzyna szymielewicz, co-founder of freedom and privacy ngo Panoptykon foundation“This would also address the problem the problem of relaying
On 16 January 2025, 18 Former European Presidents and Prime Ministers Wrote to von der Leyen Urging The EC to Pursue a Structural Breaking up of google's services to restore competition and end google's monopoly.
“Forced Breakups are do-bow and have a long and distrustful record through modern history-from John D. Rockefeller's Standard Oil in 1911, to Germany's Gigantic IgLOMES GIGENTIC IGLOMANTIC AR, to at & t in 1982, “Says Claire Godfrey, Executive Director of Balanced Economy Project,
“They've just fallen out of favor. The us has proposed a break up of google to fix the search monopoly, and the eu is in a position to support the US and break the tech Giant's Monopoly Over Digital Advertising. It needs the political will and courage more than anything. “
Despite the challenges, many of that Computer weekly spoke with said the dfa could potentially result in transformative changes to the modern digital ecosystem. “The Digital Fairness Act offers a rare options to set a global precedent, ensuring that Fairness, Transparency and Accountability Are Embedded Into The Foundations of the Digital Ecosystem,”
But this will only happy if policymakers Strive to be bold. As kim van spaarentak, Groenlinks Meep, Urges: “We don't have to accept the status quo. We can still fix our online environments if we dare to be Ambitious enough. Alternatives are perfectly possible.
“If ethical design builds the standard, the online space can be a fantastic place for knowledge-sharing, Community Forming and Creativity. But whather the eu dares to go far enjoy is the big question for the next few years. “