The Digital Markets, Competition and Consumers Act 2024: what you need to know
The Digital Markets, Competition and Consumers Act 2024 (DMCCA) makes key changes to UK consumer protection law, with various parts in force from 6 April 2025.
This includes the Competition and Markets Authority’s (CMA) new consumer enforcement model and key changes to the Consumer Protection from Unfair Trading Regulations 2008.
The CMA no longer needs to refer a matter to the court and following several months of gearing up, it is expected to put its powers into action swiftly. Consumer facing businesses should be keen to take note, especially with the ability to levy significant fines linked to global turnover. The full powers can be found in Part 3 of the DMCCA and the CMA’s new Direct Consumer Enforcement Guidance sets out its plans on how we can expect the CMA to wield those powers.
The Consumer Protection from Unfair Trading Regulations 2008 (CPUTs) are revoked, albeit much of what we know and are used to has been restated in the DMCCA in Part 4. There are some noteworthy additions, however, and it will be interesting to see if these draw the eye of the CMA’s new powers first.
Whilst the unfair commercial practices framework remains as mentioned above, there is now a new prohibited practice relating to the prevention of ‘drip pricing’, meaning consumers must be given the total price of the product up front. There is also a new banned practice relating to fake reviews and the guidance explains the expectation on businesses to take steps to prevent them.
Businesses should make sure they are aware of the new rules coming into force, and are familiar with the guidance released by the CMA. The starting point will be to review existing commercial practices and consider whether changes need to be made to ensure compliance. Further guidance is planned (for example in relation to drip pricing) so keeping an eye on this area is also recommended.
If you would like to discuss the new consumer protection rules under the DMCCA and how your business might be affected, please contact Martin Ochs.