The European Commission’s public consultation on the proposed Digital Fairness Act (DFA) has drawn a record 4,325 submissions, underscoring a growing divide between Europe’s business community and publicly funded non-governmental organisations (NGOs).

The high volume of feedback — boosted by hundreds of gamers concerned about the Act’s potential impact — reflects the controversy surrounding the Commission’s plans to tighten rules on digital consumer protection. While most business groups have opposed the proposal, many civic organisations have voiced strong support.

The DFA, spearheaded by Irish Commissioner Michael McGrath, aims to modernise EU consumer laws to address issues unique to the digital economy. Its current scope includes regulating “dark patterns” (manipulative online design), misleading influencer marketing, “addictive” digital product designs, and unfair personalisation practices.

Critics warn, however, that vague definitions — particularly of “addictive design” and “dark patterns” — could allow regulators to target digital platforms arbitrarily. Businesses also fear that the Act could amount to a de facto ban on personalised advertising, a change that would reshape the EU’s digital economy.

Leading European firms, including Wolt, Ryanair, Vinted, and Spotify, have urged the Commission to prioritise enforcement of existing rules rather than layering new regulations. They argue that over-regulation could drive up advertising costs, reduce reach for small and medium-sized enterprises (SMEs), and make ads less relevant for consumers.

“Europe’s digital champions are asking for balance,” said one industry representative. “We already have some of the world’s strictest consumer and data protection laws — what we need now is consistent enforcement, not another layer of complexity.”

Indeed, the EU already enforces a wide array of digital regulations, including the General Data Protection Regulation (GDPR), Digital Services Act (DSA), Digital Markets Act (DMA), and the Consumer Rights Directive. Many stakeholders argue that the real challenge lies in fragmented enforcement across member states, not in the absence of rules.

The Commission has justified the DFA by citing an estimated €7.9 billion in annual financial harm to consumers from online problems. However, business groups counter that the figure has not been weighed against the economic benefits of personalised advertising, which they say contributes over €25 billion to EU GDP and supports around 600,000 jobs.

Proponents of stricter regulation argue that Europeans are increasingly concerned about how their personal data is used online. Yet studies suggest most consumers still prefer relevant, personalised ads. As the Commission prepares its impact assessment, both sides are calling for a more balanced evaluation of consumer interests and economic realities.

The Digital Fairness Act remains in early stages, but with thousands of submissions and mounting scrutiny, the debate over the future of digital consumer protection in Europe is only just beginning.