The EU’s upcoming Digital Fairness Act (DFA), due to be published by the European Commission on 11 November 2026, should strengthen enforcement of existing rules and avoid undermining the benefits that European consumers currently enjoy.
These are among the key recommendations outlined in a new two-page DFA explainer by the Computer & Communications Industry Association (CCIA Europe), which emphasises the need for a targeted, evidence-based approach as the Commission prepares to regulate certain aspects of online personalisation.
Many of the practices the DFA aims to tackle are covered by existing EU rules. The real problem is that these have not yet been fully or effectively implemented or enforced. Introducing additional legislation could therefore create another layer of regulation that risks holding back online personalisation without addressing the underlying shortcomings of the current EU framework, CCIA Europe cautions.
For instance, several existing EU laws already provide safeguards for consumers online. The Digital Services Act (DSA) holds online platforms accountable for the content they host and protects users’ rights, while the Unfair Commercial Practices Directive (UCPD) prohibits misleading or aggressive business-to-consumer practices. The Consumer Rights Directive (CRD) establishes key consumer rights, including information requirements and the right of withdrawal.
Meanwhile, the General Data Protection Regulation (GDPR) grants individuals strong rights over their personal data, while the Audiovisual Media Services Directive (AVMSD) sets out rules on advertising, European content, and the protection of minors. Guidelines from the European Data Protection Board (EDPB) further support the consistent application of data protection rules across the European Economic Area.
Against this backdrop, CCIA Europe identifies four priorities for the Commission in its DFA explainer, starting with stronger enforcement of existing EU rules, with a focus on high-risk and systematic abuses. The DFA should also respect technological neutrality through a proportionate approach, recognise improvements already made by industry in transparency and responsibility, and promote greater simplification and harmonisation across EU Member States.
A targeted, evidence-based approach to the Digital Fairness Act is essential to avoid undermining the benefits consumers currently enjoy from online personalisation while addressing shortcomings in the implementation and enforcement of existing EU rules.
