Shaping Digital Fairness: Time to Tighten the Rules or Simply Enforce Them Better?

In the heart of the European Institutions, the debate over how to make the digital world fairer for consumers is gaining momentum. At a recent closed-door roundtable held on April 29 in Brussels, hosted by the Consumer Empowerment Project (CEP) in partnership with The Watcher Post EU, selected experts from academia, business, and think tanks came together for the first session of the CLAx Series on Digital Fairness. Titled “The Power of Design: How Dark Patterns Shape Consumer Choice”, and moderated by Eleonore Para, the event set the stage for an in-depth discussion on the future of digital fairness in light of the EU’s upcoming Digital Fairness Act (DFA).

The central question: is it time to regulate more, or “simply” enforce what we already have?

As more of everyday life moves online, the way platforms design user experiences has come under increasing scrutiny. Interfaces have become more persuasive, sometimes manipulatively so—nudging, coaxing, or confusing users into decisions they might not otherwise make. From hidden fees during travel bookings to ambiguous unsubscribe options on streaming services, these so-called dark patterns have become a pervasive, if subtle, part of the digital landscape.

Yet identifying these practices is only the beginning. At the roundtable, attendees examined whether the EU’s existing consumer protection framework is robust enough to tackle such emerging challenges—or if a fresh legislative approach is necessary.

Participants had the chance to hear powerful insights from Martins Prieditis (European Commission, DG JUST) and Harry Brignull (Deceptive Patterns Initiative), who opened the path for the roundtable to discuss the topic. 

While many acknowledged the EU’s leadership in digital regulation, there was broad agreement that enforcement gaps persist. Public authorities often lack the resources or clarity to act decisively, and private enforcement mechanisms are rarely enough to deter systemic manipulations. Consumers, meanwhile, often remain unaware that their rights are being infringed—undermining one of the core premises of digital transparency.

At the same time, calls for new regulation are met with a degree of caution. There’s a fine line, participants noted, between providing necessary safeguards and becoming overly prescriptive in ways that might stifle innovation. The DFA, still under discussion, is expected to walk this line by addressing specific harms—such as misleading design patterns—while streamlining and clarifying existing rules.

Initial studies presented at the roundtable show that dark patterns are widespread, appearing across both EU-based and international platforms, and frequently targeting consumers through urgency tactics like fake countdowns or misleading subscription models. Particularly vulnerable groups, such as younger users or the elderly, often fall prey to these tricks. But pinpointing where the line lies between strategic marketing and unfair manipulation remains a core challenge.

The conversation also highlighted a growing recognition that legislation alone isn’t enough. Clearer guidance, harmonized standards, and tools for businesses to assess their own compliance were seen as vital. Others urged a shift in corporate culture—one that embraces “fairness by design” rather than retrofitting compliance after launch.

Fragmentation—both legal and geographical—remains a key barrier, as a consumer in one Member State may receive different protections or levels of enforcement than one in another, despite theoretically being covered by the same EU directives. This inconsistency not only confuses consumers but creates uneven playing fields for businesses.

What emerges is a complex picture: some argue for sharper, more enforceable definitions of unfair practices; others see the need for better coordination and guidance within existing frameworks. Still, others caution against overloading users with information in the name of transparency, fearing a fatigue that ultimately undermines the very protections it aims to deliver.

One consensus, however, is clear—consumers need to be empowered, not overwhelmed. Whether through clearer rules, stronger enforcement networks, or design practices that prioritize trust over trickery, the digital world must evolve to better serve those who use it.

As the EU prepares its next steps on the Digital Fairness Act, the hope among stakeholders is that this legislation can strike the right balance: targeted enough to curb harmful practices, flexible enough to adapt, and ambitious enough to set a global standard.

In a world where algorithms shape choices and design nudges influence behavior, fairness is no longer just about what’s offered—it’s about how it’s presented.