The EU legal landscape of unfair commercial practices in the digital sectorEU

Abstract

The study provides an overview of EU consumer protection regulation in the digital sector, with a particular focus on the Unfair Commercial Practices Directive (UCP) and its relationship with DSA and the Price Indication Directive (PID). It highlights the additional responsibilities of the gatekeeping role of online platforms, in the areas of ranking, targeted advertising and the prohibition of dark patterns. The DSA requires platforms to be transparent about their ranking algorithms and to ensure consumer rights are respected by displaying retailer information. The study also shows how the UCP Directive helps to preserve the credibility of consumer ratings and protect minors. There is a strong focus on the legal basis for consent for targeted advertising, the need for which is confirmed by the GDPR and in some cases the DMA. The pay-or-consent model also arises as an issue of quid pro quo with personal data or payment of a fee. All these rules complement each other, helping to ensure that consumers can make informed choices and enjoy effective legal protection in a digital marketplace.