The European Digital Rights network has weighed in on the European Commission's Digital Fitness Check consultation, urging policymakers to resist pressure to dilute the EU's rights-based digital framework. Instead of rolling back protections, EDRi contends that the bloc should prioritise robust enforcement mechanisms and address genuine regulatory gaps. This approach, the organisation argues, is essential for maintaining Europe's leadership in creating digital markets that serve citizens, democratic institutions and economic growth simultaneously.

EDRi's submission responds to the Commission's second phase of digital regulatory reform, which follows earlier proposals under the Digital Omnibus Regulation. The Digital Fitness Check is designed to assess how well existing digital laws support EU values and fundamental rights while measuring their combined regulatory burden.

In its response, EDRi highlighted that Europe's rights-centred approach represents a competitive strength rather than an impediment to business growth. The framework allows companies to build trustworthy, ethical and sustainable solutions while establishing clear guardrails for user protection and access to remedies when violations occur.

Rights-based rules have proven their worth

Several landmark regulations demonstrate the effectiveness of this model. The General Data Protection Regulation (GDPR) has strengthened data protection across the EU and influenced regulatory approaches worldwide, positioning Europe as a standard-setter in rights-centred digital governance. It offers both high-level safeguards and legal clarity for market participants.

Yet this framework now faces mounting pressure. The Digital Omnibus proposals have sparked alarm about potential weakening of the GDPR and Artificial Intelligence Act, threatening both rights protection and legal certainty. EDRi argues that strengthening enforcement and supporting compliance through effective, timely rollout should take priority over revision.

The Digital Services Act (DSA) and Digital Markets Act (DMA) have similarly transformed online safety and competitive fairness, yet they have drawn intensifying political pressure—particularly from the United States—reflecting their success in constraining Big Tech dominance and reinforcing European digital autonomy. Both laws already contain mechanisms for democratic review and oversight; the task now is ensuring they function effectively in practice rather than reopening or weakening them.

The current wave of "simplification" rhetoric risks obscuring the broader value that Europe's digital rulebook delivers. Human rights safeguards, social protections and environmental standards produce substantial societal gains, even when these benefits resist simple quantification compared to near-term business cost reductions.

Policy should not be reduced to narrow metrics that ignore public welfare. To preserve a coherent and effective digital rulebook, the EU should channel energy into rigorous enforcement and closing genuine gaps, including:

  • advancing the Digital Fairness Act
  • implementing a comprehensive spyware prohibition
  • establishing dedicated regulation for the online advertising sector (AdTech)
  • updating the ePrivacy framework to combat pervasive online surveillance while eliminating redundant overlaps

By holding firm to its rights-based foundation, the EU can sustain its position as a leader in designing digital spaces that benefit citizens, strengthen democracy and foster genuine innovation.

Source: EDRi (European Digital Rights)