The creator economy is no longer on the fringes of Europe’s digital landscape. Social media platforms shape how millions of consumers discover products and make purchasing decisions, while creators drive commerce in ways that traditional marketplaces cannot. This rapid growth presents a challenge for EU policymakers: how to protect consumers, especially minors, without slowing down the innovation that drives this sector.
Views differ on the way forward, with some stakeholders calling for new rules and others pointing to enforcement gaps as the key issue. Finding the right balance between trust and innovation will be central to sustaining a creator economy that is both credible and competitive in Europe. The pace of digital innovation, the diversity of platforms, and the variety of business models operating across borders make this balancing act even more critical.
A Risk-Based Model Under Pressure
EU consumer law is built on a risk-based logic, meaning obligations increase with the level of risk a trader’s activity poses to consumers. This approach remains sound, but it is being tested by overlapping rules, fast-moving business models, and heightened expectations from policymakers.
New digital features and services sometimes arrive later in Europe, reflecting regulatory complexity or uncertainty. For creators and platforms, innovation depends on clear and proportionate rules that address real risks rather than hypothetical ones. If the regulatory framework becomes too rigid, Europe risks slowing down the very models that empower small businesses and individual entrepreneurs. At the same time, the framework must be robust enough to protect vulnerable consumers, particularly minors, from potential harm.
Trust and Transparency in the Creator Economy
E-commerce is now deeply embedded in social media, with creators blurring the line between content, recommendation, and advertising. Research from Euroconsumers shows that 80% of minors follow influencers, and seven in ten teens have purchased a product because it was promoted by one.
This influence brings responsibility. When commercial content is not clearly disclosed, consumer trust erodes, particularly among minors. Influencers are already subject to EU consumer law when they act as traders, but obligations are not always applied consistently across Member States. Strengthening coherence and enforcement could improve consumer trust without the need for unnecessary new rules. Transparency initiatives, clear labelling, and industry-led guidelines can complement legislative measures to ensure consumers understand the commercial nature of content they encounter.
Insights from the Public Consultation
The Commission’s targeted public consultation on the upcoming Digital Fairness Act (DFA), which closed in October 2025, provides useful guidance for policymakers. A total of 3,341 responses were received, including a large-scale citizen campaign. Excluding the campaign, consumers formed the majority of respondents, followed by business associations and large companies.
Key trends include strong support for new binding rules on dark patterns, addictive design, and unfair personalisation practices, particularly where minors are concerned. Harmful influencer marketing also emerged as a priority, with around two-thirds of respondents supporting new legislation and nearly a third emphasising the need for better enforcement of existing rules.
At the same time, respondents expressed uncertainty about unfair pricing practices, digital contracts, and simplification measures. This suggests that in some areas, the challenge may be due to complexity and a limited understanding of current rules, rather than insufficient regulation. The wide range of views highlights the importance of carefully considering both legislative and non-legislative tools to address digital consumer risks.
Enforcement, Not Accumulation
The key risk in the upcoming debate is regulatory accumulation. Europe has already adopted extensive digital legislation in recent years. The Digital Fairness Act should avoid duplicating existing obligations and further fragmenting enforcement.
Instead, the focus should be on clearly identified gaps, such as inconsistent disclosure practices in influencer marketing, and on improving coherence and enforcement across the Single Market. More coordinated enforcement could protect consumers effectively while giving businesses and creators the certainty they need to invest and innovate. Strong enforcement mechanisms, combined with guidance and best practices for creators, can help ensure compliance without creating excessive administrative burdens.
A Narrow but Ambitious Path Forward
Europe does not need a fragile creator economy weighed down by complex rules. What it needs is a fair and future-proof one, transparent, trusted, and adaptable. By focusing on enforcement, coherence, and proportionate regulation, the Digital Fairness Act can support a creator economy that works for businesses, creators, and consumers alike. The choices policymakers make now will determine whether Europe remains a credible hub for digital innovation in the years ahead.
Staying Ahead of the Digital Fairness Act: What Policymakers and Stakeholders Need to Know
The Digital Fairness Act is set to become one of the European Union’s most consequential pieces of consumer legislation in recent years. Between the end of 2026 and 2027, policymakers will advance this legislative file alongside related initiatives, including the revision of the Consumer Protection Cooperation (CPC) Regulation.
FiscalNote’s EU policy intelligence platform, EU Issue Tracker (EUIT), provides comprehensive coverage of the DFA and other key EU consumer policy files. The platform tracks each dossier from the earliest signals of potential regulatory action through to active debate, amendment, and adoption, giving users a complete view of the policy lifecycle.
Our Brussels-based team combines expert analysis with advanced technology to summarize each dossier, explain the latest developments, and highlight how proposals interact with existing legislation. EUIT also maps relevant committees, key stakeholders, and projected timelines, providing actionable insight for organizations that need to anticipate regulatory changes or participate in consultations.