The Digital Fairness Act is being developed under the responsibility of Commissioner Michael McGrath in his role as Commissioner for Justice and Consumers. The Commissioner announced at the Consumer Summit in May 2025 that the European Commission would undertake a public consultation on the initiative, which ran from July to October 2025. It is expected that the Commission will take approximately 12 months to prepare a legislative proposal, with the initiative likely to come forward during Ireland’s forthcoming Presidency of the Council of the European Union, subject to the Commission’s timelines.
The Commission has been clear that the objective of the Digital Fairness Act is not to create an entirely new set of obligations for businesses, but rather to address gaps that have become apparent as the EU’s digital rulebook has been implemented in practice. The focus is on improving clarity, strengthening enforcement and ensuring a more consistent approach to consumer protection across the Single Market.
Ireland welcomes this approach. We support initiatives that promote fairness and transparency in digital markets and that help to ensure consumers are treated fairly online. A key principle for Ireland is that consumers should benefit from a level of protection online that is broadly equivalent to that available offline. Measures that enhance consumer choice, transparency and trust in the digital environment are therefore important.
Ireland also recognises that certain digital practices can cause real consumer detriment. Issues such as subscription traps, where consumers may move from free trials to paid services without clear information and face difficulties in cancelling, highlight the importance of effective consumer protection rules that function well in a digital context.
The objective of the Digital Fairness Act is to support a more consistent and effective approach to consumer protection across the EU. In Ireland, our consumer protection framework is operating well, and regulatory fragmentation is not currently considered a significant issue. However, it is recognised that experiences differ across Member States. Ireland therefore supports a balanced, proportionate approach that strengthens consumer protection where needed, while allowing existing frameworks to operate effectively and avoiding unnecessary complexity.
As is common practice in EU policy development, Member States periodically submit non-papers to inform and stimulate discussion on emerging initiatives such as the Digital Fairness Act.
Finally, while Ireland acknowledges and welcomes the significant body of EU digital legislation adopted in recent years, there is also a strong view that this framework now needs time to bed in. Allowing regulators, businesses and consumers to gain practical experience of implementation is important. Ireland will continue to engage constructively at EU level to ensure that any future proposals are proportionate, evidence-based and supportive of both strong consumer protection and a well-functioning digital economy.