Digital Fairness Act: Mapping the Expectations

Abstract This paper examines the emerging Digital Fairness Act (DFA) against the development of the EU consumer law safety net, the 2024 Fitness Check and the Consumer Agenda 2030. It explores how EU consumer law should address data-driven commercial practices that leverage digital asymmetries and vulnerabilities without adding to regulatory fragmentation and legal uncertainty. The key challenge is applying technology-neutral consumer rules effectively to modern choice architectures in a way that is sufficiently specific, coherent and, importantly, enforceable. This paper combines doctrinal analysis with insights from anonymised stakeholder discussions held throughout 2025 to outline the key institutional and legislative decisions about the DFA. It also draws on Helberger et al.’s study as a benchmark to assess potential substantive and procedural updates. The paper argues that the value of the DFA largely depends on three factors: its alignment with existing consumer and digital laws, the clarity of definitions such as manipulation, digital asymmetry and contextual vulnerability and, most importantly, the strength of its enforcement mechanisms.