Plans for the “Digital Fairness Act”: New EU rules for influencers and online shops?

What are the biggest concerns of Europeans online? The EU has made this the initial question of the “Digital Fairness Act”. The top three answers according to various EU studies:

And that's what it's all about now, says EU Commission chief Ursula von der Leyen: "With the 'Law for Digital Fairness' we are taking action against addictive and harmful designs on the Internet - for example against methods that specifically attract attention, against non-transparent contracts, subscription traps and manipulation." According to von der Leyen, security must be provided on the internet right from the start - and should not be added later.

Influencers in focus

The previous EU digital laws are primarily aimed at the responsibility of the large platforms, for example when it comes to the protection of minors - or at limiting the market power of the largest tech companies. The “Digital Fairness Act” is now intended to bring consumer protection online into line with that in real life, when shopping locally.

The focus here is, for example, on influencers, i.e. basically anyone who uses the reach on social media platforms for paid advertising. This should be clearly marked in every post in the future. You are not allowed to make false promises and are not allowed to target minors anyway. “But I hope that this will also be addressed for adults,” says SPD European politician Katarina Barley. “Here too, companies deliberately use addictive designs.”

Eight billion euros in damage

Because there's one number that makes you sit up and take notice: around eight billion euros - according to the EU Commission, that's how much damage was caused to consumers in the EU last year by problematic online business models. For example, says European politician Barley, through these methods: "You start ordering something, for example a concert ticket or a trip, and at the end, when it comes to paying, the price is suddenly much higher."

According to the EU Commission's plan, "false discounts", i.e. those that only come about through an artificially high comparison price, should also be banned. Likewise appeals like “Quick! There are only two copies of this product available.”

Do we really need a new law?

Certainly all measures in the interest of the consumer. And yet, this question comes primarily from business associations: Couldn't all of this be regulated by existing EU laws - such as the DSA ("Digital Services Act"), the DMA, the AI ​​Act, the Consumer Rights Directive or the planned EU Kids Act?

Well, the planned “Digital Fairness Act” could make the Internet in Europe more consumer-friendly, according to the digital expert for the Greens in the European Parliament, Alexandra Geese - if you really limit the power of the tech platforms and algorithms:

The negotiations are now entering the hot phase. The new “fair rules” could probably not be implemented and legally binding until 2029.