The Impact of A Future Digital Fairness Act on Influencer Marketing

Abstract The European Commission’s forthcoming Digital Fairness Act (DFA) seeks to modernise consumer protection in the digital economy by tackling a wide range of problematic online practicesincluding, but not limited to, dark patterns, addictive design features, exploitative targeted advertising, and influencer marketing. This article critically examines the emerging key elements of a future DFA, with a particular focus on its anticipated approach to influencer marketing and the challenge of crafting rules that are both specific and future-proof, capable of accommodating ongoing technological evolution and unforeseen trends. It begins by situating influencer marketing within the broader EU regulatory landscape, which is currently governed by a patchwork of legal instruments addressing consumer protection, digital services, audiovisual media, and e-commerce. Key frameworks include the Digital Services Act (DSA), the Unfair Commercial Practices Directive (UCPD), the Directive on Electronic Commerce (e-Commerce Directive), the General Data Protection Regulation (GDPR), and the Audiovisual Media Services Directive (AVMSD). Subsequently, through a comparative analysis of France, Germany, Ireland, Italy, Spain, and the United Kingdom, the article explores whether the DFA could draw on existing national regimes for influencer marketing to develop a coherent and adaptable EU‑wide framework.