Consumer Law Audit
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There has been a sharp uptick in consumer protection laws, driven by the increased presence of consumers and traders in the online world, perhaps partly driven by COVID. What is certain is that the regulatory landscape has changed, and there is now a heightened scrutiny on digital trade.
Global fines on turnover, publicised investigations, and reputational harm all are at stake if businesses do not follow the rules.
Our Consumer Law Audit provides a comprehensive analysis of your online business presence from purview of various consumer protection laws to ensure you are fully compliant with the same.
What will our Consumer Law Audit cover?
We will undertake an analysis of your consumer-facing business assets from the purview of various consumer protection laws, analyse if your business is non-compliant, and provide any necessary remedial action on the same.
The legislation and legal requirements which the audit will cover are as follows: -
Digital Markets, Competition, and Consumers Act 2024 > regulates anti-consumer practices.
Non-Broadcast Cap Code by the Advertising Standards Authority > provides a non-statutory code for online advertising.
Business Protection from Misleading Marketing Regulations 2008 > regulates comparative advertising.
Privacy and Electronic Communications Regulations 2003 > regulates direct marketing.
E-Commerce Regulations 2002 > regulates information requirements.
Consumer Rights Act 2015 > regulates consumer contracting and unfair terms.
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 > regulates cancellation laws and information requirements.
Provision of Service Regulations 2009 > regulates information requirements for services.
What are the consequences of non-compliance?
Regulators have the power to issue fines on global turnover of up to 10% for a failure to comply with laws such as the DMCCA, especially where Trading Standards are involved. There is also the potential for severe reputational harm because some regulators, such as the Advertising Standards Authority, publicise their investigations into businesses that breach the rules. There are also contractual consequences, such as the extension of cancellation periods and liability for consumer remedies.
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