AI chatbots are transforming how businesses handle consumer inquiries and complaints, offering speed and availability that traditional channels often cannot match. However, the European Commission’s recent Digital Fairness Act Fitness Check has spotlighted a gap: EU consumers currently lack a cross-sectoral right to demand human contact when interacting with AI chatbots in business-to-consumer settings. It is still unclear whether and how the European Commission is proposing to address this. The Digital Fairness Act could do so, but the Commission’s proposal is only planned to be published in the 3rd quarter of 2026. This post highlights key consumer protection considerations for companies deploying AI chatbots in the EU market.Continue Reading Digital Fairness Act Series: Topic 2 – Transparency and Disclosure Obligations for AI Chatbots in Consumer Interactions
Digital Fairness Act
Digital Fairness Act Series – Topic 1: Influencer Marketing
The European Commission (“Commission”) is working on a new EU consumer protection law called the Digital Fairness Act (“DFA”) to better protect consumers in the digital space. The DFA is expected to regulate, among other things, influencer marketing.
With EU consumer protection watchdogs starting to bring cases against companies whose products or services are promoted by influencers (see for example here), the DFA’s provisions may apply not only to influencers, but also to companies that deploy or use influencers, to ensure that advertising practices are fair and transparent. This blog post explores two key issues that the European Commission is expected to prioritize in its approach to influencer marketing. It also provides a brief overview of the French legal framework in this area, which some expect to serve as a model for the EU’s forthcoming rules in this area.Continue Reading Digital Fairness Act Series – Topic 1: Influencer Marketing
Consumer Watchdogs Turn Their Attention to the Online Gaming Industry
Posted in Consumer Protection, European Union
On March 21, 2025, the European Commission announced that the Consumer Protection Cooperation Network (“CPC-N”) had initiated enforcement proceedings against an online gaming company, for allegedly violating EU consumer protection laws and engaging in practices that could pose a particular risk to children. The gaming company now has one month to propose commitments to remedy the consumer law violations identified by the CPC-N. Concurrently, the CPC-N published guidelines to promote transparency and fairness in the online gaming industry’s use of virtual currencies.Continue Reading Consumer Watchdogs Turn Their Attention to the Online Gaming Industry
EU Commission Publishes Report Assessing EU Consumer Laws and Paves Way for New and Stronger EU Consumer Law for the Digital Space
Posted in Consumer Protection, European Union
On October 3, 2024, the European Commission published a report evaluating the effectiveness of existing EU consumer protection laws in protecting consumers in the digital space. More specifically, the report assesses the effectiveness of the following three consumer protection laws: (i) the Unfair Commercial Practices Directive (“UCPD”); (ii) the Consumer Rights Directive (“CRD”); and (iii) the Unfair Contract Terms Directive (“UCTD”). It also identifies and analyses the main provisions in the DSA, DMA, Data Act, and AI Act that are of particular relevance for protecting consumers in the digital environment. The report is the result of the 2022 public consultation we mentioned in our previous blog post.Continue Reading EU Commission Publishes Report Assessing EU Consumer Laws and Paves Way for New and Stronger EU Consumer Law for the Digital Space