Recent years have seen the rapid development of e-commerce and online services. Technological changes and the growing number of consumers using digital services have required European law to gradually evolve to keep pace with the challenges of the modern digital economy. To this end, the European Union systematically implements new legislation, including the Digital Services Act and the Digital Markets Act.

However, market practice and public consultations have clearly demonstrated that many unfair or manipulative practices are still not effectively addressed by existing regulations. This is why the Digital Justice Act has been included in the 2026 legislative agenda. It aims to comprehensively modernize consumer protection in the digital environment and eliminate legal loopholes exploited by online businesses.

Main assumptions and goals of the Digital Justice Act

The draft Digital Justice Act aims to streamline and clarify the obligations of businesses operating online. Particular emphasis is placed on eliminating manipulative techniques used in the interfaces of online stores, applications, and digital services. The new regulations are intended to counteract phenomena such as "dark patterns," or the use of design solutions that hinder users from making informed consumer decisions. Examples of such practices include complicated unsubscribe paths, the deliberate concealment of cost information, or restrictions on the availability of features only after consent to the processing of personal data.

Another goal of the regulation is to improve the transparency of online advertising and commercial content. The act mandates the clear labeling of all sponsored content, especially that published by influencers, as well as the disclosure of mechanisms for personalizing offers and automated product recommendations. From a consumer perspective, this is intended to make it easier to distinguish commercial content from genuine opinions and reduce the risk of unconscious decision-making influenced by hidden marketing mechanisms.

New obligations for e-commerce entrepreneurs

One of the key areas affected by the new regulations is the design of shopping paths and user interfaces in online stores. Businesses will be required to verify that the process of concluding a contract, placing an order, or canceling services does not mislead customers or hinder their ability to make an informed decision. Sales pages are expected to be reorganized to clearly and legibly present all costs, promotional terms, and contract cancellation options.

Another requirement will be to ensure the maximum simplicity of the process for unsubscribing or terminating the use of a digital service. Previous experience has shown that consumers often encounter obstacles in canceling paid subscriptions, resulting in unnecessary costs and frustration. The Digital Justice Act aims to oblige businesses to provide clear, understandable, and easily accessible tools for unsubscribing from services without unjustified technical or administrative barriers.

Equally important will be the introduction of new rules regarding the presentation of information about promotions, discounts, and product recommendations. Businesses will be required to disclose whether the offers and discounts presented are the result of genuine market analysis or are part of individual personalization or automated user segmentation. In this way, EU regulators intend to curb manipulative techniques aimed at pressuring consumers to make a purchase.

Protection of particularly vulnerable user groups

The Digital Justice Act devotes special attention to protecting those most vulnerable to manipulation in the digital environment. This applies primarily to children and adolescents, who, as research shows, are the group most vulnerable to the influence of advertising, automated recommendations, and algorithmically generated content. The new regulations mandate the use of additional safeguards and filters in cases where services may be used by minors. E-commerce businesses will be required to implement age verification procedures and develop security policies that limit the potential impact of commercial and advertising content on the youngest internet users.

New ways of enforcing obligations and responsibilities

One of the key challenges facing EU lawmakers is effectively enforcing new obligations on businesses operating online. The draft Digital Justice Act expands the scope of sanctions and introduces supervisory and control instruments that address current technological challenges. EU regulators plan to implement tools to effectively track infringements and introduce mechanisms for exchanging information between member states. The goal of these measures is to eliminate situations in which businesses attempt to circumvent regulations by relocating their operations to other jurisdictions or exploiting the fragmented nature of the current legal framework.

The new regulations are intended not only to ensure legal consistency across the European Union but also to enable consumers to effectively pursue their rights. At the same time, it will introduce an obligation to maintain records and document decision-making processes, particularly regarding recommendation techniques and the display of sponsored content. This is intended to increase transparency and facilitate the detection of manipulation and abuse attempts.

The Digital Justice Act's relationship to existing regulations

It's worth emphasizing that the planned Digital Justice Act does not replace existing legislation regulating the digital services market, such as the Digital Services Act or the Digital Markets Act. Rather, it complements the existing legislative framework, aiming to tighten consumer protection and increase the effectiveness of enforcement of existing regulations. The new regulation is complementary in nature – it will eliminate legal loopholes and ensure consistency and uniformity in the application of the law across all European Union member states.

The draft legislation also incorporates conclusions from earlier public consultations and reports on the implementation of existing directives and regulations. It responds to the real needs of both consumers and businesses, who increasingly expect a transparent and stable legal framework for the development of e-commerce in Europe.

Future prospects and recommendations for entrepreneurs

The implementation of the Digital Justice Act will require online businesses to thoroughly analyze and adapt their existing business processes, sales procedures, and legal documentation. Auditing interfaces and the way information is presented on websites will be particularly important. Businesses should ensure that their recommendation and personalization mechanisms, as well as the way promotions are presented, comply with the new legal requirements.

Another crucial element will be the development and implementation of internal policies to protect particularly vulnerable consumer groups, especially children and adolescents. Companies that begin preparing for the implementation of the new regulations today will be able to minimize the risk of sanctions while simultaneously building a competitive advantage in a market where transparency, ethics, and accountability will become key values.

Summary

The Digital Justice Act is the next stage in the evolution of European law, adapted to the challenges of the modern digital economy. The new regulations aim to ensure equality, transparency, and effective consumer protection in the digital environment, while also closing existing legal loopholes exploited by dishonest traders. It's worth starting to analyze the project's requirements today and preparing for the upcoming changes, which will impact all entities conducting online business in the European Union.

If you are looking for support in preparing and implementing solutions resulting from the Digital Justice Act, please contact our team: https://ecommercelegal.pl/pages/contact