In its 2020 consumer policy strategy, the ‘New Consumer Agenda’, the European Commission announced that it would analyse whether additional legislation or other action is needed in the medium-term to ensure equal fairness online and offline.

For that reason, in spring 2022 the Commission launched a Fitness Check of EU consumer law on digital fairness in order to determine whether existing EU consumer law is adequate for ensuring a high level of consumer protection in the digital environment. The Fitness Check will evaluate the Unfair Commercial Practices Directive 2005/29/EC (as amended), the Consumer Rights Directive 2011/83/EU (as amended) and the Unfair Contract Terms Directive 93/13/EEC (as amended). It examines the adequacy of these Directives in dealing with consumer protection issues such as consumer vulnerabilities, dark patterns, personalisation practices, influencer marketing, contract cancellations, subscription service contracts, marketing of virtual items, the addictive use of digital products, and others. It also evaluates whether the existing Directives would benefit from a targeted strengthening or streamlining, while taking into account other relevant legislation in the digital area and ensuring coherence. The scope for any burden reduction, cost savings and simplification is also considered.

In furtherance of the above strategy, the Commission launched a public consultation on 28 November 2022, to which the ELI contributed. ELI’s Response, which will be presented and discussed at the webinar of 27 April 2023 from 12:30–14:00 CET, is available here. Participation in the webinar is free of charge. To register, please click here.

ELI is extremely grateful to Prof Dr Peter Rott, Prof Dr Karin Sein and Prof Marie Jull Sørensen, who drafted the Response, and to Prof Sergio Cámara Lapuente and Prof Emilia Mišćenić as well as to ELI’s Council and Scientific Director, Prof Dr Christiane Wendehorst, for their helpful feedback on the Response.