Consumer protection and enforcement changes under the DMCCA now in force

On 6 April 2025, new Unfair Commercial Practices (UCP) provisions under the Digital Markets, Competition and Consumers Act 2024 came into effect, replacing the Consumer Protection from Unfair Trading Regulations 2008 (CPRs). The Competition and Markets Authority (CMA) new direct consumer enforcement powers also came into force.

Changes to consumer law

The most notable changes to consumer protection law include Unfair Commercial Practices. This includes misleading information and aggressive practices in marketing communications, and new banned practices relating to fake consumer reviews and prohibition of ‘drip pricing’. The CMA has published guidance on the protection from unfair trading under the Digital Markets, Competition and Consumers Act 2024. This can be viewed here.

In response, the Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) have also published the outcome of their consultation and announced immediate amendments to the UK advertising Codes to align with the new legal framework.

The amendments to the CAP and BCAP Codes focus on ensuring consistency with the updated definitions and practices under the UCP regime, while maintaining the core principles that underpin existing advertising regulation. These changes ensure that advertising remains compliant with the broader consumer protection framework set by the Digital Markets, Competition and Consumers Act2024. Amendments to advertising codes can be viewed here.

Enforcement

The Digital Markets, Competition and Consumers Act 2024 provides the CMA with direct consumer enforcement powers that exist with other regulators like trading standards. The CMA published its final Guidance on Direct Consumer Enforcement on 14 March 2025.

The Advertising Standards Authority will refer to the CMA’s consumer enforcement guidance under the UCP provisions when assessing potential breaches. The ASA is also currently updating related guidance and AdviceOnline resources to reflect the new rules and will publish updated documents in due course.

Impact on BTHA members

It is important to review the above changes and assess if any of the new provisions apply to you. All commercial communications should be reviewed to ensure they comply with the new CAP and BCAP Codes and reflect updated legal standards. We will continue to monitor ASA and CMA guidance as it evolves.

Further changes under the Digital Markets, Competition and Consumers Act 2024 are targeted to come in from Spring 2026. This includes rules on ‘subscription traps’ and the alternative dispute resolution.