Unfair Trading Regulations: What Has Changed
- Sam Healey
- 6 days ago
- 5 min read
From the Consumer Protection from Unfair Trading Regulations 2008 to the Digital Markets, Competition and Consumers Act 2024
The legal framework governing misleading advertising, unfair commercial practices and consumer-facing sales conduct in the UK has undergone a significant change. For many years, the Consumer Protection from Unfair Trading Regulations 2008 formed the backbone of Trading Standards investigations and prosecutions involving misleading or unfair business practices.
From 6 April 2025, the unfair commercial practices regime has been replaced by provisions contained within the Digital Markets, Competition and Consumers Act 2024. The new regime broadly preserves the structure of the previous law but introduces important changes, including expanded enforcement powers, updated banned practices and stronger regulatory tools.
What can be expected is a more proactive enforcement environment where consumer protection issues carry increased regulatory, financial and reputational risk.
What is covered below:
The Original Regime: Consumer Protection from Unfair Trading Regulations 2008
The 2008 Regulations created the principal framework governing unfair commercial practices. The regime focused on preventing misleading, aggressive or otherwise unfair conduct toward consumers.
Key concepts included:
Misleading actions
Providing false information or presenting information in a way likely to deceive consumers. This frequently arose in pricing claims, product descriptions and promotional offers.
Misleading omissions
Failing to provide material information necessary for consumers to make informed decisions. This often applied to hidden charges and incomplete disclosures.
Aggressive commercial practices
Pressure selling or undue influence affecting consumer decision-making.
Professional diligence
Businesses were required to act in accordance with honest market practice and good faith.
Automatically unfair practices
A list of banned conduct, including misleading endorsements and false approvals.
These offences were criminally enforceable and typically investigated by Trading Standards.
The Digital Markets, Competition and Consumers Act 2024
From 6 April 2025, the Digital Markets, Competition and Consumers Act 2024 revoked and replaced the 2008 Regulations for new conduct. The previous regime continues to apply to conduct occurring before that date, meaning some investigations may involve both legal frameworks.
The new provisions largely replicate the previous legislation but introduce several notable changes.
Key updates include:
New banned practices relating to fake reviews
The legislation specifically targets misleading consumer reviews and endorsements, reflecting modern online marketplaces.
Enhanced rules addressing drip pricing
Traders must provide clearer information about total pricing, reducing the ability to introduce mandatory charges later in the purchasing process.
Removal of the transactional decision requirement
Omitting material information from invitations to purchase can now be unfair in itself, without needing to show impact on consumer decisions.
Expanded concept of vulnerable consumers
Vulnerability may now include circumstances such as bereavement, unemployment or other personal situations.
Government power to expand banned practices
The list of automatically unfair conduct can be amended through secondary legislation.
These changes modernise the regime and increase regulatory scrutiny.
CMA Investigations and Enforcement Powers
The Competition and Markets Authority now has significantly strengthened enforcement powers. The CMA can investigate suspected unfair commercial practices and take enforcement action directly.
A CMA investigation may begin informally with individuals or businesses receiving requests for information about pricing, advertising or marketing practices. These enquiries may escalate into formal investigations where concerns remain.
The CMA can require businesses to:
Produce documents and records relevant to the investigation > this may include pricing data, internal communications and marketing materials.
Provide written explanations of commercial practices > businesses may need to justify promotional claims or consumer terms.
Attend meetings or interviews > individuals may be required to answer questions about the conduct under investigation.
Failure to comply with compulsory information requests may lead to enforcement action.
The CMA also has powers to:
Impose financial penalties of up to 10% of global turnover. This represents a significant increase in financial exposure.
Issue infringement notices and compliance directions. Individuals and businesses may be required to change practices or withdraw marketing.
Require online content to be removed. Online interface orders may require content to be taken down.
Take enforcement action without court proceedings allowing the regulator to act more quickly.
Criminal Liability Under the New Regime
The Digital Markets, Competition and Consumers Act 2024 retains criminal liability for certain unfair commercial practices. Criminal offences may arise where conduct involves:
Misleading actions
Misleading omissions
Aggressive commercial practices
Breach of professional diligence
Omission of material information in invitations to purchase
Certain banned practices
Corporate liability may also extend to directors, managers or officers where offences occur with their consent, connivance or neglect. More than one individual may be prosecuted in connection with the same conduct.
The Role of Trading Standards
Trading Standards and local authorities remain central enforcement bodies. They continue to investigate complaints, monitor advertising, conduct test purchases and bring criminal proceedings.
The enforcement model is now layered. The CMA may focus on systemic issues, while Trading Standards deal with localised or sector-specific matters. Some investigations may involve both and therefore businesses may face parallel regulatory engagement.
Areas of Increased Regulatory Focus
The new legislation is particularly relevant for:
Online sales and e-commerce pricing
Subscription and auto-renewal models
Consumer review platforms
Promotional pricing claims
Digital marketplaces and advertising
These areas reflect modern consumer markets and remain priorities for enforcement.
Why Choose SPH Legal
Investigations under the Digital Markets, Competition and Consumers Act 2024 require a strategic approach combining consumer law, regulatory enforcement and criminal defence experience.
Through a regulated law firm we provide strategic input at the earliest stages of regulatory and criminal investigations. This includes advising on engagement strategy, structuring responses to regulators and managing communications in a focused and proportionate way.
Sam Healey has extensive experience advising on serious and complex investigations and has been recognised by both Chambers & Partners and Legal 500. His practice focuses on early-stage strategy, risk management and navigating investigations before formal proceedings begin.
FAQs
When did the new unfair trading rules come into force?
The new regime took effect on 6 April 2025.
Does the old law still apply?
Yes. The previous regulations continue to apply to conduct occurring before April 2025.
Can the CMA impose fines directly?
Yes. The CMA can impose penalties of up to 10% of global turnover.
Can unfair trading still be a criminal offence?
Yes. Certain unfair commercial practices remain criminal offences.
What is drip pricing?
Drip pricing involves adding mandatory charges later in the purchase process. The new regime targets this conduct.
Can Trading Standards still investigate?
Yes. Trading Standards remains an active enforcement body.
What should businesses do if contacted by regulators?
Early legal advice should be sought to manage risk and shape engagement.
Speak in Confidence
If you have been contacted by the Competition and Markets Authority, Trading Standards or a local authority regarding unfair trading practices, early advice can make a significant difference.
For a confidential discussion:
Call: 0330 133 2230
Email: samhealey@sphlegal.co.uk
Or use the Request a Confidential Discussion form
SPH Legal operates as a specialist legal consultancy. Where regulated legal services are required, clients are represented by Sam Healey through a regulated law firm. This article is anonymised and illustrative, it does not constitute legal advice, and does not suggest that similar outcomes will be achieved in other matters.
