Introduction
The Unfair
Commercial Practices Directive (UCPD) was adopted on 11 May 2005. It
must come into force on 12 December 2007. A copy of the Directive
can be accessed below.
Unfair
Commercial Practices Directive.
The
Directive will have two major consequences:
• it will
harmonise unfair trading laws in all EU Member States;
• it will
introduce 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.
In
addition, the Directive overlaps with existing UK legislation, such
as the Trade Descriptions Act 1968 and Part III of the Consumer
Protection Act 1987. This legislation will have to be amended to
conform with the principles contained in the Directive, but could
conceivably be repealed. The Government’s stated objective will be
to simplify the UK consumer framework wherever it is appropriate and
sensible to do so.
14 Dec 2005
The Government
published a consultation document considering how the Directive
should be transposed into UK law. This was accompanied by a Partial
Regulatory Impact assessment (RIA).
The deadline
for responses is 8 March 2006.
’Consultation
Document (101 pages)
Executive
Summary (13 pages)
RIA (66 pages)
August 2005
Report
of DTI Workshop, Civil Redress
The DTI held a
workshop considering the merits of providing for private law rights
as part of the legislation implementing the Unfair Commercial
Practices (UCP) Directive. A report of its findings will be made
available shortly.
June 2005
Report
of DTI Workshop, Criminal Sanctions
Report of DTI
workshops on the effectiveness of criminal sanctions following
transposition of the Unfair Commercial Practices (UCP) Directive.
(21
pages)
June 2005
The DTI commissioned a report on the
application and scope of the UCPD. This was conducted by Dr
Christian Twigg-Flesner; Deborah Parry; Professor Geraint Howells;
and Annette Nordhausen’
Full
Report (202 pages).
Research
team presentation (17 pages).Government
response to presentation (19 pages).
