A Wishlist for the Digital Fairness Act

Esposito, Fabrizio;Sibony, Anne-Lise
(2026) EU Law Live — (2027)

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Abstract
On November 11th, the Commission will announce its proposal for a Digital Fairness Act (DFA). Ahead of that proposal and the discussion it will kick-start, we offer several suggestions based primarily on our research.2 Our proposals do not aim to innovate; they build on elements already present in EU law. We offer ready-to-use provisions to (1) take the title of the ‘act’ seriously and articulate fairness standards, (2) update the average consumer standard in a way that codifies the recent case law an is workable for enforcers, (3) empower consumers meaningfully in relation to price personalisation and (4) improve the interaction between the Unfair Commercial Practices Directive (UCPD) and the Digital Services Act (DSA).
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Esposito, F., & Sibony, A.-L. (2026). A Wishlist for the Digital Fairness Act. EU Law Live. Published. https://doi.org/10.4337/9781035311231.fairness.and.equal.distribution.of.wealth (Original work published 2027)