6/11/2025 10:08:30 AM | 3 minute read

The new digital marketplace: a practical guide to navigating the unfair commercial practices rules

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Paul O'Hare

Partner

Louis Wihl

Director

Holly McCormick

Analyst

Get in touch

Paul O'Hare

Partner

Louis Wihl

Director

Holly McCormick

Analyst

The Digital Markets, Competition and Consumers Act 2024 (DMCCA) introduces substantial changes to consumer protection in the UK as further explained in the recently published Competition and Markets Authority (CMA) guidance. This legislation, bolstered by enhanced enforcement powers for the CMA and the introduction of enforcement powers for consumers, aims to foster a fairer and more transparent environment for both consumers and businesses operating online and offline.

This article is a brief practical guide for consumer-facing businesses looking to understand their new obligations.

Key new requirements

The DMCCA’s unfair commercial practices rules provide enhanced protections for consumers against ‘unacceptable conduct’ by traders. The rules target a range of practices, including:

Misleading practices

Using manipulative or deceptive conduct to influence consumer decisions, including:

Fake reviews and endorsements: Publishing or manipulating reviews to mislead consumers about products or services.
Hidden costs and fees: Failing to disclose important pricing information upfront.
Subscription traps: Making it difficult for consumers to cancel subscriptions or charging them unexpected fees.

Aggressive practices

Using coercive tactics to influence consumer decisions, this is defined broadly but may now include misleading urgency tactics (such as the use of countdown timers or claiming limited stock when this is untrue) and targeting vulnerable customers with high-pressure sales tactics.

Practical steps to ensure compliance

Misleading practices

Businesses should review their online operations to ensure transparency in pricing at all stages and clear presentation of product and/or service information.

Fake reviews and endorsements

Businesses must refrain from any involvement with fake reviews and ensure they have procedures in place to check that testimonials and endorsements are authentic and accurately reflect genuine customer experience.

Hidden costs and fees

Businesses should clearly present the following information in their invitations to purchase (broadly, an advert which mentions the price):

Total price: The full price of the product, including any fees, taxes, charges or other unavoidable payments that the consumer will necessarily incur. This should be the final price the consumer pays to avoid “drip pricing” (where additional mandatory charges are revealed throughout the purchasing process).
Price calculation method: If the total price cannot reasonably be calculated in advance, a clear explanation of how the price will be determined, in a way that enables the consumer to calculate the final cost.
Additional charges: Any freight, delivery or postal charges, including any taxes, which are not included in the total price but which the consumer may choose to incur.

Businesses employing practices that are clearly prohibited, such as adding unexpected and undisclosed mandatory charges at the end of the purchase process, should prioritise immediate compliance efforts.

Subscription traps

Whilst the rules on subscription contracts are not expected to come into force until April 2026, businesses may still usefully prepare for the new regime by reviewing their subscription models and communication processes, making the required information easily accessible, and ensuring the cancellation and termination processes are straightforward for consumers.

Aggressive practices

Businesses should review their online operation and avoid any tactics that could be perceived by regulators as coercive. Particular care should be taken in relation to individuals falling within the broader definition of vulnerability, which includes the consumer’s circumstances such as bereavement, divorce or losing a job in addition to (as before) age, health and credulity.

Consequences of failing to comply

Enforcement of the unfair commercial practices rules will primarily fall to the CMA, which gains strengthened powers under the DMCCA to investigate and take action against businesses engaging in such practices. The CMA can impose substantial financial penalties for non-compliance, including fines of up to 10% of global turnover.

Additionally, the DMCCA introduces a new private right of action for consumers to bring claims for damages against businesses that have engaged in unfair commercial practices. While the specifics of how these claims will work in practice will be detailed in further guidance from the CMA, it is expected that consumers will be able to pursue individual or collective claims.

Deloitte Legal can help

Review your practices: We can assist you in conducting a thorough review of your current business practices, particularly those related to online marketing, pricing, and consumer contracts and ensure they are fully aligned with the new legislation and CMA guidance.

Stay informed: The digital landscape is constantly evolving. We can help to monitor updates to the DMCCA, CMA guidance, and relevant case law to ensure ongoing compliance in the evolving digital marketplace.

Contractual obligations: The DMCCA introduces new complexities to your contractual obligations with consumers. Deloitte Legal’s Contracts team provides expert guidance and tailored solutions to help navigate these challenges. We can work with you to review and update existing contracts, ensuring alignment with the DMCCA’s requirements on transparency, pricing clarity and consumer rights.