Enforcement of Consumer Rights in Digital and AI-Powered Markets: Rethinking the Relationship Between Public and Private Actors

This article explores the enforcement challenges of EU consumer law in the context of digitalisation and artificial intelligence (AI), focusing on the relationship between public and private actors. The rapid growth of digital markets and AI-driven business practices, such as dark patterns, digital goods and services, virtual influencers and opaque credit scoring systems, has intensified existing enforcement barriers and introduced new ones. Despite recent legislative reforms, including the Omnibus Directive, the Representative Actions Directive and the Consumer Protection Cooperation (CPC) Regulation enforcement mechanisms often remain insufficient, particularly when it comes to addressing complex, large-scale and cross-border violations. The article critically assesses the limits of individual consumer actions, the shortcomings of collective redress frameworks and the resource constraints faced by public authorities. It argues that more effective enforcement requires a rethinking of the roles and responsibilities of all actors involved. Key policy proposals include empowering consumers and organisations through financial and procedural support, introducing mandatory internal and external oversight for AI systems, expanding the use of follow-on claims and leveraging large digital platforms as enforcers through legal obligations. Ultimately, the article contends that the principle of private autonomy must be recalibrated within the EU’s internal market. Consumer protection enforcement should be viewed as a legitimate regulatory constraint on economic freedoms, provided it respects proportionality. Strengthening enforcement mechanisms through better cooperation, supervision and structural support is essential to safeguard compliance with consumer rights, ensure legal redress and uphold trust in digital and AI-powered markets.