Digital Fairness Act: Why Customer-First Brands Should Start Preparing Now

When GDPR legislation was adopted by the European Union in 2016, I was leading marketing for one of Ireland and the UK’s largest consumer technology retailers. 

Like many businesses, our initial reaction was to see it as a compliance exercise. But we quickly decided that those who would adapt best were the ones where marketing, eCommerce and customer experience teams got involved early and started preparing long before implementation deadlines arrived. 

So, with that in the back of my mind and with huge insights gained from my involvement on the Partner Council of Digital Business Ireland, I read the details of the European Commission's proposed Digital Fairness Act, unveiled by Commissioner Michael McGrath this week. 

While the legislation still needs to progress through the European Parliament and Council before becoming law, the message is already clear. Europe is continuing its journey towards a digital economy built on greater transparency, stronger consumer protections and increased accountability for organisations operating online. 

More Than Another Compliance Exercise 

The Digital Fairness Act reaches into almost every aspect of modern digital commerce including website and app experiences, eCommerce journeys, personalisation, dynamic pricing, subscription services, loyalty programmes, influencer marketing and AI-assisted customer interactions. 

Many of the tactics and technologies that digital teams have optimised over the last decade will now be viewed through two lenses: commercial performance and consumer fairness. In many respects, the legislation reflects changing consumer expectations that were already emerging long before regulators became involved. 

What Should Brands Be Focusing On? 

The proposed legislation places significant emphasis on transparency throughout the customer journey. That includes clearer pricing, easier subscription management, more responsible use of personalisation, greater accountability in influencer marketing and stronger protections for younger and vulnerable consumers. 

Leadership teams should be asking whether their customer journeys are genuinely transparent, whether pricing practices are fair and understandable, whether influencer programmes are properly governed and whether personalisation is improving customer experience or merely driving short-term conversion. 

A Familiar Direction of Travel 

Over the past decade we have seen a consistent direction of travel from regulators and consumers alike. GDPR focused on privacy and consent. The Digital Services Act increased accountability for platforms. The Digital Markets Act focused on competition. The AI Act introduced a framework for responsible AI. The Digital Fairness Act feels like the next logical step in that evolution. 

The common thread is trust. Consumers increasingly want to understand how businesses use their data, how prices are determined, when content is sponsored and how decisions are being made on their behalf. 

Our Agency Perspective 

One of the things we are fortunate to see every day at Core Optimisation is that many of the brands we work with are already ahead of this curve. 

Across retail, eCommerce, tourism, financial services and other consumer-facing sectors, we are privileged to partner with organisations selling both domestically and internationally that have invested heavily in customer-first digital experiences. 

For these businesses, consumer trust is not a regulatory requirement. It is a growth strategy. Transparent pricing builds confidence, clear communication improves retention, responsible personalisation creates better experiences and strong governance protects brand reputation. 

That is why we see the Digital Fairness Act less as a disruption and more as validation. Validation that putting consumers first is increasingly becoming the expectation of regulators, platforms and customers alike. 

Start the Conversation Now 

The Digital Fairness Act remains a proposal and there will undoubtedly be changes as it moves through the legislative process. However, if GDPR taught us anything, it is that organisations benefit most when they begin the conversation early. 

Marketing teams should not wait for legislation to be finalised before assessing customer journeys, subscription experiences, pricing strategies, influencer programmes and AI-powered interactions. 

Looking Ahead 

Consumers will benefit from greater transparency, stronger protections and more control over their digital experiences. For brands, the opportunity is even greater. 

The organisations that adapt early will not just reduce compliance risk. They will strengthen customer trust, improve digital experiences and position themselves for long-term growth. 

If GDPR taught us anything, it is that getting ahead of change is always easier than catching up later.