Starting with the August 2026 issue of the FIDMA newsletter, we are featuring recent publications by FIDMA members, both in the newsletter and here in the Publications section. This round covers enforcement of EU digital regulation, digital fairness in consumer law, fundamental rights impact assessments under the AI Act, and consumer data protection in digital banking.
Enforcement Design in EU Digital Regulation: Lessons for the Digital Fairness Act
Authors: Laura Zoboli (IE University, Spain) and Joanna Mazur (University of Warsaw, Poland)
Published in: European Journal of Risk Regulation (Cambridge University Press), published online on 28 May 2026 Cambridge CoreCambridge Core
The legislative text of the Digital Fairness Act has not yet been published. The authors argue that whether it works will depend as much on how it is enforced as on its substantive rules. Recent instruments such as the DSA, DMA, AI Act and Data Act have struggled to achieve consistent and timely enforcement across Member States. Building on the Commission’s Digital Fairness Fitness Check, the article looks at how the enforcement models in the GDPR, DSA, DMA, AI Act and Data Act can inform the design of the new act. It traces recurring enforcement problems to three kinds of fragmentation: procedural, institutional and epistemic. It then discusses how different combinations of centralisation, coordination and capacity-building could address them. Cambridge CoreCambridge Core
👉 Read the article at Cambridge Core
Related: the authors’ blog post on EU Law Enforcement
From Illusion to Digital Fairness: Structural Protection in EU Consumer Law
Authors: Emilia Mišćenić (Faculty of Law, University of Rijeka, Croatia) and Monika Namysłowska (Faculty of Law and Administration, University of Lodz, Poland)
Published in: Remedies to Digital Vulnerability in European Private Law: Pathways towards Fairness, edited by Camilla Crea and Marta Infantino (Springer Cham), pp. 3–23. Open access. SpringerSpringer
This chapter argues that EU consumer law relies formally on transparency and information duties, and that in digital markets this gives consumers only the appearance of protection. Consumers may look informed, but they remain structurally exposed to manipulative design, personalisation and data-driven information asymmetries. The authors call for structural protection that tackles harm at its source rather than relying on individual consumers to protect themselves. They propose two preventive tools: information duties redesigned so the form of delivery makes them effective, and outright prohibitions of particularly harmful practices. They also propose concrete additions to the list of commercial practices banned under the Unfair Commercial Practices Directive. These include manipulative default settings, making cancellation harder than signing up, exploitative targeting of minors, and loot boxes in games that minors can access. From Illusion to Digital Fairness: Structural Protection in EU Consumer Law | Springer Nature Link +2
👉 Read the chapter (open access) on SpringerLink
Fundamental Rights Impact Assessments under the AI Act: A Possible Remedy to Algorithmic Discrimination in the Private Sector
Authors: Aurelia Colombi Ciacchi, Greta Berardi and Niels Singer (Faculty of Law, University of Groningen, the Netherlands), and Alma-Cristina Onaie (Università Bocconi, Milan, Italy)
Published in: Remedies to Digital Vulnerability in European Private Law: Pathways towards Fairness, edited by Camilla Crea and Marta Infantino (Springer Cham), pp. 209–232. Open access. SpringerSpringer
This chapter asks whether fundamental rights impact assessments can help prevent algorithmic discrimination in contractual relationships. It first examines the assessment required by Article 27 of the EU AI Act, which applies to public bodies and to several categories of private actors. These include private providers of public services, credit institutions that score creditworthiness, and life and health insurers. It then compares this with the Dutch Fundamental Rights and Algorithms Impact Assessment (FRAIA), a model developed in response to algorithmic discrimination scandals in the Netherlands. Drawing on examples from employment and platform work, banking and insurance, and targeted advertising and pricing, the authors question how effective these assessments can be, because they leave the organisations using the algorithms wide discretion. They conclude that courts remain crucial, including through the direct horizontal effect of the Charter’s non-discrimination provision. Fundamental Rights Impact Assessments Under the AI Act: A Possible Remedy to Algorithmic Discrimination in the Private Sector | Springer Nature Link +2
👉 Read the chapter (open access) on SpringerLink
Also available via the University of Groningen research portal
Asset Protection, Privacy, and Consumer Data in Digital Banking: A Comparative Study of Indonesia and Malaysia
Authors: Ronald Fadly Sopamena, Lastuti Abubakar and Tri Handayani (Universitas Padjadjaran, Indonesia), and Kamil Strzepek (Cardinal Stefan Wyszyński University, Poland)
Published in: Jambura Law Review, Vol. 8, No. 2 (July 2026), pp. 535–573. Philosophia Law ReviewPhilosophia Law Review
The study compares how Indonesia and Malaysia legally protect consumers’ assets, privacy and personal data in digital banking. It also identifies the regulatory gaps that weaken Indonesia’s framework. Using a normative juridical method with statutory, conceptual and comparative approaches, the authors find three main problems in Indonesia: fragmented regulations, overlapping institutional authority and limited harmonisation. These weaken both cybersecurity governance and legal enforcement. Malaysia, by contrast, has built a more integrated framework. It rests on the Financial Services Act 2013, the Islamic Financial Services Act 2013, the Personal Data Protection Act 2010 and policy documents from Bank Negara Malaysia, which gives it stronger institutional coordination and more consistent regulation.
👉 Read the article in Jambura Law Review
Share Your Publications
Would you like your work featured in the FIDMA newsletter and on the FIDMA website? Send us news and links to your recent publications at alexissjovall@gmail.com, and we’ll include them in upcoming issues.