The Digital Fairness Act

The European Commission's Digital Fairness Fitness Check found that so-called 'dark patterns' undermine consumers' ability to make free and informed decisions, and are widespread across digital services.

In response, greater regulatory scrutiny of user journeys and interface design is expected, alongside a growing requirement to evidence that design choices do not undermine consumer autonomy.

These features, like infinite scroll, autoplay, streaks, variable reward mechanisms and algorithmic feeds, are increasingly common across digital services.

Whether these features can be legally classified as addictive, as claimed by consumer activist groups, is a highly sensitive and complex area, and regulatory intervention in this area is fraught with difficulty. Designing a clear and coherent regulatory framework that doesn't inadvertently prohibit legitimate UX design practices poses a significant problem.

This sector has evolved into complex monetisation ecosystems, with virtual currencies, randomised and engagement-driven mechanics. In particular, loot boxes - randomised reward mechanisms bought with real-world or virtual currency - are attracting increasing criticism, with some arguing they exploit psychological vulnerabilities in ways comparable to gambling.

Game monetisation design is increasingly being scrutinised as a consumer protection issue rather than a niche gambling concern.

The EU Commission's Digital Fitness Check has highlighted growing consumer unease around unfair personalisation practices, and the opaque nature of data collection and profiling.

While personalisation is already subject to a number of overlapping EU privacy and consumer protection laws, the Digital Fairness Act is likely to raise the standard for the design and operation of digital services, particularly for vulnerable consumers and minors.

Influencers have gained considerable power in shaping public discourse - but there are concerns around the opacity of their commercial activities, as well as the promotion of harmful content.

The Act is expected to introduce a more demanding and standardised compliance framework for influencer marketing.

The EU Commission's Digital Fitness Check has highlighted growing consumer unease around unfair personalisation practices, and the opaque nature of data collection and profiling.

While personalisation is already subject to a number of overlapping EU privacy and consumer protection laws, the Digital Fairness Act is likely to raise the standard for the design and operation of digital services, particularly for vulnerable consumers and minors.

The digital subscription economy has grown rapidly - alongside consumer complaints across the contract lifecycle. These range from difficulties cancelling to free trials that turn into paid subscriptions without adequate consumer awareness or control.

The regulatory direction points towards greater symmetry between sign-up and cancellation and enhanced transparency throughout the subscription lifecycle.