Overview
The Digital Fairness Act is an upcoming legislative initiative from the European Commission, currently in the preparatory phase awaiting its official publication. The procedure code is not yet assigned. The policy context is informed by an analysis of the Commission's work programme, public consultation feedback, records of stakeholder outreach, and media reports.
Institutional handling
The lead Directorate-General within the European Commission is the Directorate-General for Communications Networks, Content and Technology (CNECT), under the responsibility of Commissioner Michael McGrath. Within the Council of the European Union, the dossier is assigned to the Competitiveness Council (COMPET) configuration.
Legislative timeline
The initiative is in its pre-legislative phase. According to the European Commission's work programme, a proposal for the Digital Fairness Act is scheduled for publication by 31 December 2026.
Stakeholder reactions
A public consultation on the initiative received 295 feedback submissions from 284 organisations. The consultation revealed consensus support among respondents on topics related to the GDPR (133 organisations) and on EU rules on digital competition (121 organisations). Opinions were more divided on the topic of digital advertising (115 organisations). Organisational positions varied, with entities such as Common Sense Media, CyberSafeKids, Europeans for Safe Connections, and Børns Vilkår expressing opposition or strong opposition to the initiative, while the European AI Forum indicated support.
Stakeholder engagement with EU institutions has been active, with 368 documented meetings (52 with Members of the European Parliament, 285 with Commissioners, and 31 with European Commission staff) involving 129 distinct organisations. The most frequently engaged organisations were Mastercard Europe, Google, Adobe, Paramount, and Amazon. Positions expressed in these meetings show a spectrum of views on key topics. On 'EU rules on digital competition', Adobe and the European Advertising Standards Alliance (EASA) expressed support for approaches emphasising platform self-regulation and voluntary initiatives. In contrast, Etsy and the European Tech Alliance (whose members include companies such as Stripe, Spotify, Vinted, and Booking.com) expressed opposition, advocating instead for stricter regulation, clearer guidelines, and improved enforcement geared towards SMEs. On 'Digital advertising', EASA and Schibsted Media expressed support for permissive rules, with the latter highlighting the importance of targeted advertising for media revenue. Allied for Startups also expressed support and offered cooperation. The European Casino Association opposed permissive rules, calling for stricter measures to tackle illegal online gambling that uses targeted advertising.
Media coverage
Media coverage includes three articles from two countries. One report from Brussels notes that a non-governmental organisation has exposed extensive outreach by large technology firms aimed at weakening the planned Digital Fairness Act, which is intended to protect consumers and children from deceptive online practices. Another article reports on the European Commission's enforcement actions under separate digital legislation, designating WhatsApp as a Very Large Online Platform under the Digital Services Act. A further article, while primarily covering geopolitical tensions, signals potential upcoming EU regulatory moves concerning artificial intelligence.