technologyreseller.co.uk 33 vigilant when signing off on content and updates as part of their internal approval processes to ensure they are not endorsing activities which may amount to UCPs. Next steps All of the changes summarised above take effect from April 2025. There is no retrospective application of the new rules so it is not essential that businesses update any previously published information, although as a matter of good practice it may be sensible to do so. Here are some suggested steps businesses should take now to prepare for the new rules coming into effect: Review all consumer-facing pricing information, whether available in print or online, to ensure that the prices displayed from April onwards capture all costs which will be charged to the customer and no elements are only visible immediately prior to the payment transaction or hidden in small font. Consider what processes and techniques to adopt to sift through reviews as efficiently as possible, implementing appropriate mechanisms to identify and remove any fake or misleading reviews from the public domain. Ensure all directors and senior managers are aware of the new rules so that they do not inadvertently risk being liable on an individual basis under the new enforcement regime. These actions will help businesses focus on their conduct and procedures moving forward to ensure they are operating in accordance with the new laws and providing an overall positive customer experience. www.footanstey.com Businesses will no longer be allowed to publish incentivised reviews without a clear tag to acknowledge it was incentivised, and they also have an obligation to sift out fake or misleading reviews. Both of these changes may require businesses to dedicate more time and resource than ever before to this aspect of consumer relations to avoid falling foul of the new rules. New enforcement powers The DMCCA creates a new regime which will be administered by the Competition and Markets Authority (CMA), providing much more robust investigatory powers into potential unfair treatment of consumers. These new powers sit alongside the existing court-based process, so businesses face a much higher risk of being investigated if the CMA identifies or is notified of unlawful behaviour. Similar to other regulatory regimes, the CMA can issue fines to businesses that are found to have breached consumer rules – such fines are linked to the turnover of the business in question. One of the biggest changes being implemented from April 2025 is the power of the CMA to charge individual directors and senior managers within an infringing business if they are considered to have acted as an ‘accessory’ by approving or agreeing to unlawful activity. Such individuals will face monetary penalties for their involvement. This personal liability is a concern for senior leadership teams, and individuals will need to remain Legal changes coming into effect in April 2025 are some of the most significant updates to consumer laws in almost a decade. The Digital Markets, Competition and Consumer Act 2024 (DMCCA) is designed to ensure consumer laws remain applicable and relevant in our increasingly digital-enabled world. With a raft of provisions seeking to ban certain practices and much wider enforcement rights for the regulators monitoring behaviour, all consumer-facing business should take heed of these upcoming changes. Renewed focus on UCPs Businesses are already prohibited from misleading consumers or acting aggressively and unfairly towards them. These are known as ‘unfair commercial practices’ or UCPs. From April 2025 onwards compliance with certain UCPs becomes paramount to avoid facing negative financial and PR consequences. Specifically, businesses will need to be even more transparent with regards to publishing prices of their products and services, as well as any customer reviews they receive. All businesses will be required to clearly provide customers with the total price of the products or services they are buying – this must include stating upfront the amount of any delivery charges, installation fees or other ancillary costs which must be paid by the customer in order for them to use the product or service (also referred to as ‘unavoidable costs’). Such charges must be displayed prominently and not be hidden in any small print or separate purchase terms. Alexandra Hammond, Commercial, Technology & Data Partner at Foot Anstey, explains how to remain compliant with imminent changes to the UK’s consumer laws The DMCCA: what you need to know LEGAL Alexandra Hammond is a partner in Foot Anstey’s Commercial, Tech & Data team and advises on all types of commercial agreements, specialising in contract and consumer law in the retail and consumer sector. Foot Anstey LLP is a UK top 100 fullservice law firm. Renowned for its exceptional client service and sector specialisms, Foot Anstey offers expert and actionable advice across seven key sectors: Developer, Energy and Infrastructure, Islamic Finance, Private Equity, Private Wealth, Charities and Retail and Consumer. Alexandra Hammond Foot Anstey launches cyber incident readiness solution Foot Anstey has launched a comprehensive cyber incident readiness and response solution in partnership with cybersecurity specialist Integrity360 and PR firm Rostrum. BreachReddi helps organisations adopt an integrated approach to cyber incident planning, encompassing cyber security technology, the legal and regulatory position and communications considerations. Data breach readiness audits are available in a choice of package – bronze, silver, gold – with transparent, fixed cost pricing. Richard Ford, CTO at Integrity360, said: “Delivering a joined up approach to cyber preparedness and response with BreachReddi provides our customers with a uniquely impactful solution to protect against future attacks.”
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