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UK Implementation of EU Unfair Commercial Practices Directive
Author: Brinsley Dresden, Lewis Silkin

After a lengthy consultation process, the UK government laid draft regulations before Parliament on 3rd March to implement Directive 2005/29/EC on Unfair Commercial Practices (“the UCPD”).  Once approved, the new provisions are due to come into force on 26th May 2008, and will constitute the most important reform of UK consumer protection law for many years. 

The bulk of the UCPD is implemented by the Consumer Protection from Unfair Trading Regulations 2008, the wording of which follows that of the Directive closely.  Many long-established provisions regulating business-to-consumer relations under the Trade Descriptions Act 1968, Fair Trading Act 1973 and Consumer Protection Act 1987 will be repealed and replaced.  And for the first time, in addition to specific forbidden practices, a general prohibition of unfair commercial practices is introduced in the UK.

The majority of unfair practices set out in the Regulations will be made criminal offences under UK law, but exceptions are made for two practices relating to advertising: failing to identify advertorial content as such sufficiently clearly; and targeting children to buy or persuade adults to buy products.  Enforcement is left largely in the hands of public authorities – principally the OFT and trading standards officers. 

At the same time, the Business Protection from Misleading Advertising Regulations 2008 have been brought forward, to implement Directive 2006/114/EC concerning misleading and comparative advertising (which incorporates a number of provisions first introduced by the UCPD).  These are also due to come into force on 26th May 2008, replacing the Control of Misleading Advertising Regulations 1988 (as amended in 2003).