In July of this year, the European Commission opened the public consultation for the future Digital Fairness Act, a framework that will redefine how companies communicate, personalize and design digital experiences for consumers.
Although still in its early stages, the outline already reveals the focus of the European legislator. The Digital Fairness Act is expected to address:
- interface patterns considered manipulative (“dark patterns”)
- misleading practices associated with influencers and sponsored content
- design elements with addictive potential
- opaque or exploitative commercial personalization
- exploitation of consumer vulnerabilities, with special attention to minors
The aim is for what has so far been treated as a “grey area” to be integrated into a clear, consolidated and strictly enforced regime.
For companies operating in the digital sphere, the implications may be profound and include:
- the need to review onboarding, consent and cancellation flows
- elimination of behavioral pressure mechanisms
- new requirements in digital advertising and influencer campaigns
- increased scrutiny of recommendation engines and interface logic
- greater regulatory risk when design induces uninformed decisions
A simple UX (user experience) choice that goes unnoticed today may become, tomorrow, an expressly prohibited practice.
With the launch of the public consultation, the phase begins that separates those who anticipate from those who react late: understanding the scope of the future regime, adjusting practices and participating actively in the EU process will help avoid rushed (and costly) corrections once the final text is approved.
At Belzuz Abogados, S.L.P., we have been following the development of this new European framework from its early signs, already assessing its potential impacts on our Clients’ digital operations.
The Digital Fairness Act represents the next frontier of consumer protection in the European Union. Those who start now will be better prepared.