EU vs. Temu, Australia’s Ban on Unfair Practices, and France’s Data Protection Collaboration

Introduction:

Welcome to Fair Monday! We know Mondays can be a bit rough, so we created Fair Monday to bring you weekly insights and resources on dark patterns and digital fairness. Each Monday, we share updates on the latest developments, helping you stay informed and empowered to create a fairer, more transparent digital space.

This Week's Highlights:

1. EU Regulators Demand Action from Temu
   On November 8, 2024, the Consumer Protection Cooperation (CPC) Network and the European Commission notified Temu of multiple alleged violations of EU consumer law. Accusations include:
   ➡ Fake discounts and pressure selling.
   ➡ Forced gamification and misleading refund information.
   ➡ Fake reviews and unclear seller identities.
   Temu must submit a corrective plan within a month or risk fines based on its EU turnover.
   ‍
2. Australia Bans Unfair Business Practices
   On October 16, 2024, the Albanese Government announced a law banning unfair business practices. Key features include:
   ➡ Prohibition of tactics that manipulate consumers’ decision-making and cause material detriment.
   ➡ Stricter regulations on unfair customer service practices.
   However, questions remain on proving "reasonable" and "material detriment," as the burden of proof currently lies with consumers.
   
   ‍Our Take:
   The burden of proof should be reversed, and any form of manipulation should be considered a detriment to users.
   ‍
3. ‍France Strengthens Cooperation on Digital Economy Regulation
   On November 18, 2024, France’s CNIL (data protection authority) and DGCCRF (consumer protection agency) signed a new cooperation protocol to tackle:
   ➡ Dark patterns and abusive subscriptions.
   ➡ Sharing information and harmonizing legal interpretations.
   ➡ Conducting joint economic analyses and cross-training initiatives.
   This marks a significant step in uniting digital regulatory efforts to ensure stronger consumer and data protection.

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Conclusion:

This week’s updates, from the EU’s enforcement actions against Temu to Australia’s legislative changes and France’s regulatory collaboration, underscore the growing global push for fairness, accountability, and transparency in the digital economy.

At Fairpatterns, we’re committed to supporting organizations in creating ethical, user-centered digital experiences that comply with evolving regulations and foster trust.

Let’s continue building a better digital future. Have a fantastic week with Fair Monday!