Call for Evidence – Digital Fairness Act

The Confederation remains committed to upholding the high consumer protection standard in the European Union and to ensuring that European companies and consumers can equally benefit from a well-functioning Single Market.

Besides our Joint Nordic Comments on a Digital Fairness Act, we want to highlight two proposals to improve consumer protection in the European Union without adding additional new legislation with a Digital Fairness Act (DFA):

1. The Commission should start working with the review of the Consumer Protection Cooperation Regulation (CPC) immediately with the aim of strengthening cross-border enforcement, ensuring strong protection for consumers and a level playing field for all traders serving EU consumers, regardless of where they are located.

2. A cross-functional task force across the different departments in the Commission (DG JUST and DG CNECT) responsible for monitoring the implementation of consumer protection laws, to ensure enforcement speed, coordination and knowledge-sharing within the Commission and member states should be created.

Three additional reflections we want to bring forward:

Simplification and a Digital Fairness Act: The general approach to a DFA should be in line with this Commission’s commitment to simplification, including the upcoming Digital Omnibus, which will better serve consumer protection goals while ensuring effectiveness and coherence for a more competitive digital economy.

Don’t endanger ECJ’s consumer concept: We want to advocate for not endangering the well-established consumer concept of the Court of the European Union (ECJ).

Avoid a reversal of burden: The European Commission should act cautiously when reflecting on introducing new rules around evidence (e.g. reversal of the burden of proof in favour of claimants).