Digital Fairness Act: New EU Rules On Online Consumer Protection

The European Commission has initiated infringement procedures against 20 EU Member States for failing to transpose the EmpCo Directive by the March 27, 2026 deadline. This directive aims to combat greenwashing by requiring substantiation of environmental claims and third-party certification for sustainability labels, with full implementation expected by September 27, 2026.

European consumer protection law now requires online traders to provide a clearly labeled withdrawal button on their platforms, implementing a structured two-step process that makes it as easy for consumers to exit contracts as it was to enter them.

Belgium has transposed the EU's EmpCo Directive into national law, introducing stricter rules against greenwashing and misleading environmental claims. The new legislation expands the blacklist of unfair commercial practices and imposes additional pre-contractual information obligations on businesses. How will these changes impact companies making sustainability claims and selling products with digital elements?

Belgium's new Act of 20 April 2026 introduces a mandatory notification requirement for businesses using automatic renewal clauses in consumer contracts. Starting 1 May 2027, companies must inform consumers at least 15 days before their deadline to object to renewal, adding a proactive layer to existing contract disclosure rules.

Belgium has transposed the EU's EmpCo Directive through new legislation that fundamentally reshapes how businesses can communicate environmental claims. The Act introduces five outright prohibitions on greenwashing practices and establishes strict substantiation requirements for sustainability marketing, with enforcement beginning September 27, 2026.

The European Union's revised Product Liability Directive introduces sweeping changes to manufacturer liability across digital and commercial supply chains, with Member States now racing to transpose the legislation by December 2026.

From June 19, 2026, all online traders active within the EU are required to provide a “withdrawal button” on their websites and apps.

New EU regulations introduce mandatory online withdrawal functions for e-commerce, requiring companies to provide easily accessible, clearly labeled cancellation tools with two-step confirmation processes. Companies must verify their webshops comply with specific criteria including permanent availability throughout withdrawal periods and explicit confirmation buttons to prevent unintentional cancellations.

On 28 July 2016, the Court of Justice of the European Union ruled that a standard choice of law clause in favour of the law of the EU Member State in which the seller or supplier is established, is unfair.

When drafting contracts and contractual terms, there is a duty to maintain a balance between the rights and duties of the parties.