CIPL Submission on the European Commission’s Call for Evidence on the Digital Fairness Act

In this submission, CIPL supports the Commission’s commitment to strengthening the high level of consumer protection in the digital environment. As the Fitness Check of EU Consumer Law on Digital Fairness concluded, it is imperative that: “existing consumer protection rules remain relevant and necessary to ensure a high level of consumer protection and effective functioning of the digital single market”. However, we believe that these goals could be achieved more effectively through targeted, strategic interventions within the existing legal framework rather than through a new, standalone legislative act.

We recommend that, rather than adding further complexity to the digital legislative landscape by creating a new Digital Fairness Act, the European Commission should:

• Ensure coherence in the existing framework: The issues raised under the proposed DFA are already covered by existing instruments, including the GDPR, DSA, DMA, AI Act, DA and UCPD. The Commission should focus on ensuring consistency and coherence between these laws rather than creating new obligations that risk duplication or confusion.
• Strengthen enforcement and compliance support: Priority should be given to consistent, effective enforcement of existing laws across Member States and to engagement with organisations, particularly small and medium-sized enterprises (SMEs), to promote a clear understanding and application of existing obligations.
• Provide updated interpretative guidance: The Commission should clarify areas of uncertainty by updating existing guidance and developing additional materials where needed to reflect evolving technologies and business models.
• Conduct robust impact assessments: Before considering any further legislative initiative, the Commission should carry out comprehensive, evidence-based assessments of potential economic and compliance impacts, with particular regard to SMEs.
• Use legislative amendment only as a last resort: Where genuine legal gaps are identified, these should be addressed through narrowly targeted and proportionate amendments to existing legislation rather than through a new standalone act.

CIPL Submission on the European Commission's Call for Evidence on the Digital Fairness Act

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