Industry Calls for a Reset of the DFA to Ensure Simplification & Better Regulation

Today, a broad coalition of European and international business associations — including FEDMA — sent a joint letter to Executive Vice-President Henna Virkkunen and Commissioner Michael McGrath urging the European Commission to pause and recalibrate the Digital Fairness Act (DFA). The signatories highlight growing concerns that the current trajectory of the DFA risks contradicting the EU’s stated goals of simplification, competitiveness, and Better Regulation.

While the DFA is presented as part of the Commission’s simplification agenda, the preparatory work instead points toward additional layers of regulation, creating potential overlaps with existing EU laws already governing digital and consumer protection. The letter warns that this approach could lead to legal uncertainty, increased compliance burdens, and the duplication of requirements similar to those in the DSA, DMA, and forthcoming AI Act.

The industry also notes that the 2024 Fitness Check on consumer law, used as key evidence for the DFA, does not capture the significant legislative reforms that have since entered into force — leaving the assessment incomplete. Both the Commission’s own Regulatory Scrutiny Board and several EU Member States have echoed concerns about the insufficient evidence base and the need to ensure alignment with the EU’s overarching simplification objectives.

To restore coherence and effectiveness, the letter calls for EU policymakers to refocus the DFA around two core priorities:

1. Improving enforcement of existing legislation, including better coordination across Member States and at EU level. With many issues already covered by current rules, enforcement — not new laws — should be the first remedy.
2. Ensuring clarity and consistency across the EU digital rulebook, particularly regarding consumer protection, data protection, AI, and digital services legislation. Avoiding duplication and contradictions will strengthen the Single Market and improve trust for both businesses and consumers. 

The signatories urge the Commission to ensure that the DFA aligns fully with the EU’s competitiveness and Better Regulation goals, avoiding unnecessary regulatory burdens at a time when Europe must focus on growth. They also express willingness to engage constructively with the Commission to help steer the initiative toward a more coherent and effective outcome.