UK CMA publishes updated guidance on unfair contract terms

The UK Competition and Markets Authority (CMA) has published updated guidance on the unfair contract terms provisions in Part 2 of the Consumer Rights Act 2015 (CRA), which protect consumers from unfair contract terms and notices used between businesses and consumers. This follows the consultation in January, which focussed on simplification, presentation, style and readability. The CMA confirmed in its consultation that it would not be substantively revising its interpretation of the law, though it did set out developments in case law. The provisions apply to contracts entered into, and relevant notices issued, on or after 1 October 2015 across the UK. The guidance was published alongside a technical note and an updated webpage reflecting the changes.

The guidance is intended to help businesses comply with unfair contract terms law and assist advisers, enforcers and consumers in understanding which contract terms and notices may be unlawful or unfair. It also states that the CMA will have regard to the guidance when exercising its direct consumer enforcement powers under the Digital Markets, Competition and Consumers Act 2024, although any assessment of whether a term or notice is unlawful will continue to be made on a case-by-case basis. The accompanying technical note explains the legislative background to the regime and its interaction with other consumer protection legislation, while the updated webpage provides businesses with practical guidance on drafting fair and transparent consumer contracts.

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