Pearle* Reply to the Call for Evidence on the Digital Fairness Act

Pearle* welcomes the opportunity to contribute to the consultation on the upcoming Digital Fairness Act (DFA).

As a general principle, Pearle* supports the objectives of the forthcoming Act to ensure a transparent and trustworthy online environment for consumers. We welcome the initiative as an important step towards strengthening the overall framework for consumer protection and fairness in the digital economy.

While the Unfair Commercial Practices Directive, the Consumer Rights Directive, and the Digital Services Act remain key pillars of EU consumer and digital law, experience shows that enforcement and legal clarity often are left behind due to fast-changing practices. The DFA provides a timely opportunity to close existing gaps between these frameworks, strengthen enforcement mechanisms, and guarantee that online markets operate transparently and responsibly for both consumers and legitimate businesses.

The cultural and creative industries, and in particular the live performance sector, stand at the intersection of the digital transformation. As millions of Europeans engage with live events and cultural content, the rules governing online transactions, advertising, data use, and consumer choice directly shape how audiences access and experience culture.

The DFA is therefore highly relevant to the sector, as an increasing share of interactions between cultural organisations and audiences occurs online. This includes the primary purchase of tickets, and the resale of tickets, where transparency and safeguards against misleading practices are essential, as well as the distribution and visibility of creative content on digital and streaming platforms, where fair treatment and clear information for consumers are key to maintaining trust and ensuring access to culture.

In this contribution, we wish to highlight four key issues that directly affect both consumers and the sustainability of the live performance sector:

Secondary ticketing, which continues to create alongside accepted and legal forms of resale, unfair commercial practices and exposes consumers to fraud.
Dynamic pricing, which can offer benefits for consumers if applied transparently.
Online live events, where online piracy constitutes a growing problem that undermines consumer rights and weakens the economic viability of cultural production.
Online streaming of recorded events, where piracy of recorded performances by consumers is jeopardising the entire ecosystem.

By addressing these challenges, the DFA can play a decisive role in ensuring that Europe’s digital transition supports its cultural diversity, social cohesion, and the integrity of its Single Market.

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