Unfair Commercial Practices Directive
The Unfair Commercial Practices Directive (UCPD) was adopted on
11 May 2005. Consumer Protection from Unfair Trading Regulations
implementing the Directive in the UK will come in to force on 26
May 2008.
The Directive:
- harmonises unfair trading laws in all EU Member States
- introduces a general prohibition on traders not to treat
consumers unfairly. This prohibition is intended to act as
safety-net consumer protection legislation
- In particular, the Directive will oblige businesses not to
mislead consumers through acts or omissions; or subject them to
aggressive commercial practices such as high pressure selling
techniques. The Directive also provides additional protections for
vulnerable consumers who are often the target of unscrupulous
traders
- The Directive’s wide scope – it applies to all business sectors
– and flexible provisions means that it will plug gaps in existing
EU and UK consumer protection legislation; and set standards
against which new practices will automatically be judged
Implementation of this Directive should help ensure the UK has a
consumer regime amongst the level of the best in the world.
The Directive’s broad scope means that it overlaps with many
existing laws. In addition, because the UCPD is a maximum
harmonisation Directive (ie setting out the maximum level of
restriction permissible in respect of unfair commercial practices
which harm consumers’ economic interests) a supplementary objective
in transposing the Directive is to achieve, where possible, some
regulatory simplification.
The Consumer Protection from Unfair trading Regulations repeal
provisions in a number of overlapping laws, including most of the
Trade Descriptions Act 1968 and Part 3 of the Consumer Protection
Act 1987 (misleading price indications).
Advice leaflet