This week, the Federation of European Data and Marketing (FEDMA) responded to the European Commission's targeted consultation on the Fitness Check of EU consumer law on digital fairness.
We positively welcome this thorough assessment by the European Commission before taking any further regulatory action. The current EU consumer protection framework not only comprises legislation which is yet to be evaluated such as the Omnibus Directive, but it is increasingly complemented by other regulations, including the Digital Services Act (DSA), Digital Markets Act (DMA), and Artificial Intelligence Act (AIA), which will address specific challenges brought by the digital age.
As such, though FEDMA recognizes that the digital environment can exacerbate certain problematic practices such as misleading online architecture, unlawful personalization practices, absence of clear and intelligible contractual information, etc., we believe that these issues do not show gaps in the EU consumer protection framework, but at most a need for enhanced enforcement and clarification of existing rules.
Specifically, FEDMA recommends:
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