With its initiative on "Digital Fairness", the EU Commission wants to analyse whether the existing consumer protection law ensures an equal level of fairness online and offline. As presented in this AK EUROPA position paper, there is certainly a great need for action from the point of view of AK. The digital economy is gaining more and more power over consumers and citizens through excessive use of data, algorithms and artificial intelligence, while their position is becoming ever weaker. "Take it or leave it" is often the motto of online providers.
The innovation-focused EU digital package – consisting of the Digital Services Act (DSA), Digital Markets Act (DMA), Data Act (DA), Artificial Intelligence Act (AIA), Digital Governance Act (DGA) and the European Health Data Space (EHDS) – must be better counterbalanced by corresponding digital consumer rights. For instance, enforceable legal rights to offline use or general compliance with "do not track" statements of intent are missing. Tools that make it easier for consumers to control the flow of data in the area of the Internet of Things are also of great importance.