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Website terms and conditions for supply of services to consumers—checklist

Website terms and conditions for supply of services to consumers—checklist This Checklist sets out the essential points that should be considered when drafting or updating online terms and conditions for the supply of services to consumers. It should be used where a lawyer wants to make sure that such terms and conditions comply with consumer protection legislation (and any guidance issued under it). This Checklist should be used in addition to the following: • Key consumer information requirements—checklist • Information requirements under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—checklist • Consumer cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—Services—Flowchart • General information to be disclosed by e-commerce websites—checklist • Drafting consumer contracts—checklist For a discussion on the key legal issues to consider when designing and developing a business-to-consumer (B2C) e-commerce website for trading with consumers, see Practice Note: Business to consumer e-commerce—legal issues. Introduction Businesses that transact with consumers are subject to more onerous legislative requirements and, consequently, need to pay close...

Planning a digital marketing campaign—checklist

Planning a digital marketing campaign—checklist This Checklist is for use when planning a digital marketing campaign. The focus is on marketing-specific requirements and the Checklist does not consider general issues in relation to transactional activity (eg contract formation, distance selling). It covers media selection, territorial targeting, agency contracts, data protection, advertising compliance, user-generated content, influencer engagement, prize and price promotions, and behavioural advertising. It also considers compliance with legislative and self-regulatory regime in the UK, including the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). Digital marketing can reach consumers at home, at work and, through their mobiles, tablets and video game consoles, virtually everywhere else. Alongside unrivalled potential audience numbers, it offers brands the opportunity to target individuals on the basis of their specific interests, locations or habits. It is no surprise, then, that brands are diverting more and more of their marketing spend from traditional media to...

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Regulated mortgage contracts—flowchart

Regulated mortgage contracts—flowchart Background to and scope of this flowchart On 31 October 2004 (a date known as ‘M Day’), lenders and intermediaries of regulated mortgage contracts (RMCs) became regulated. A person that carries on a regulated activity in the UK by way of business, where there is no applicable exclusion or exemption, must be authorised under the Financial Services and Markets Act 2000 (FSMA 2000). The purpose of this flowchart is to set out the main questions to ask a person to determine whether or not they are carrying on the following RMC activities that are regulated under the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO): • arranging (bringing about) RMCs (RAO, SI 2001/544, art 25A(1)) • making arrangements with a view to a person who participates in the arrangements entering into a RMC as a borrower (RAO, SI 2001/544, art 25A(2)) • making arrangements to enter into a RMC with a borrower on behalf of a lender (RAO, SI 2001/544, art 25A(2A)) •...

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Consumer remedies for faulty goods and services (pre 1 October 2015) [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. It summarises the law, guidance and practice relating to faulty goods and services in the UK, including remedies available to consumers, applicable to consumer contracts entered into before 1 October 2015. For contracts entered into after 1 October 2015, see our materials on the Consumer Rights Act 2015 listed in the ‘Introduction’ section below.IntroductionThis Practice Note summarises the law, guidance and practice relating to faulty goods and services in the UK, including remedies available to consumers where the trader does not comply with the contract for sale of goods and/or services, applicable to consumer contracts entered into before 1 October 2015 when the Consumer Rights Act 2015 (CRA 2015) came into force.This Practice Note considers the definition of consumer and of trader, sources of rights and remedies for consumers, rights and remedies consumers can benefit from, and exclusion of liability clauses.For information on CRA 2015 applicable to consumer contracts entered into on or after 1 October 2015, see Practice...

Unfair terms in consumer contracts (pre 1 October 2015) [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. It summarises the law, guidance and practice in relation to unfair terms in consumer contracts under the Unfair Terms in Consumer Contracts Regulations 1999, SI 1999/2083, applicable to consumer contracts entered into before 1 October 2015. For contracts entered into after 1 October 2015, see Practice Note: Consumer Rights Act 2015—unfair terms.The Unfair Terms in Consumer Contracts Regulations 1999, SI 1999/2083 (UTCCR 1999) apply, with some exceptions, to contracts formed between a seller or supplier and a consumer. A seller or supplier is a person acting in the context of their trade, business or profession, whether public or private sector. Such a person may be an individual or a corporate entity. A consumer is a person acting outside the context of their trade, business or profession.The UTCCR 1999 apply to the small print of standard form consumer contracts. They apply a test of fairness to standard terms. They do not assess the fairness of terms that govern the price and the...

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Strategy—action plan and timeline

Strategy—action plan and timeline Person leading strategy review: [insert name] (strategy lead) Coordinator: [insert name of a person who will assist with coordination] Steering group: [insert names of personnel responsible for direction of strategy implementation] Step number Step Actions Timeline 1 Start strategic review process Fix a date for a strategy away day (allow at least 12 weeks’ notice).Discuss and agree:• who will lead the process • who will attend the strategy away day (‘delegates’) • whether an external facilitator is required Book a venue.Complete the ‘Timeline’ section in the remainder of this planStart to complete Precedent: Strategy away day—logistics planner. N/A (but you should start the process at least 14 weeks before the final strategy is required) 2 Initial communication and calendar bookings Book services of external facilitator (if using) and agree timelines, processes and outputs.Inform all delegates of the date of the strategy away day—see Precedent: Strategy away day—itinerary.Ensure the date is in all delegates’ calendars.Update Precedent: Strategy away day—logistics planner. [Insert date (at least 10 weeks...

File note—insurance demands and needs—law firms

File note—insurance demands and needs—law firms 1 Client’s demands and needs What risk does the client need to insure and why? [Describe the risk the client needs to insure and why] What checks have you made to establish whether the client has existing insurance that may cover this risk? [Describe the checks you have made to establish whether the client already has insurance or other indemnity that may be suitable, eg under their household insurance policy or via a trade union] 2 The recommended insurance Name of proposed insurance provider What type of policy are you recommending? [Insert, eg Title indemnity insurance] How much is the premium or how is the premium calculated? [Insert amount or formula] Is this a one-off premium or are renewal/staged premiums required? When and how is the premium required to be paid, eg up front or deferred to conclusion of matter? Is a credit arrangement available for the premium[, eg a consumer credit agreement]? Is the premium self-insured ie,...

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In the context of understanding whether or not permission is needed to serve debt proceedings on a company based in Jersey where there is an express jurisdictional clause in the contract submitting to the English courts, could Regulation (EU) 1215/2012, Brussels I (recast) apply?

In the context of understanding whether or not permission is needed to serve debt proceedings on a company based in Jersey where there is an express jurisdictional clause in the contract submitting to the English courts, could Regulation (EU) 1215/2012, Brussels I (recast) apply? This Q&A considers the relevance of Regulation (EU) 1215/2012, Brussels I (recast) when considering whether permission is required to serve out of the jurisdiction. What is the relevance of Regulation (EU) 1215/2012 (Brussels I (recast)) when considering whether permission is required to serve out of the jurisdiction? Permission is not required to serve a claim form out of the jurisdiction where the factors in CPR 6.32 or CPR 6.33 are satisfied (note that CPR 6.32 is not relevant in this instance as it only applies to Scotland and Northern Ireland). CPR 6.33 sets out various scenarios where the permission of the court is not required to serve out of the UK. These include (at CPR 6.33(2)) reference to various provisions of Regulation (EU) 1215/2012 (Brussels I...

Where can I find information relating to FCA perimeter issues?

Where can I find information relating to FCA perimeter issues? The FCA's Perimeter Guidance manual (PERG) provides guidance about the circumstances in which authorisation is required, or exempt person status is available, including guidance on the activities which are regulated under the Financial Services and Markets Act 2000 (the Act) and the exclusions which are available. Application of the Perimeter Guidance manual (PERG) PERG applies to: • a person who is considering carrying on activities in the United Kingdom which may fall within the scope of the Act and is seeking guidance on whether he/she needs to be an authorised person • a person who seeks to become an authorised person under the Act and who is, or is considering, applying for Part 4A permission to carry on regulated activities in the United Kingdom • a person who is seeking guidance on whether any communication he/she may be seeking to make or cause to be made will be a financial promotion and be subject to the restriction...

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What businesses need to know about EU design law reform

Law360, London: Reforms introduced by the EU to update its design protection laws for the digital age are rolling out in two stages. The process began on 1 May 2025, with later measures taking effect on 1 July 2026.

FCA publishes whistleblowing  data for Q1 2025

The Financial Conduct Authority (FCA) has published its whistleblowing activities data for Q1 2025, detailing the receipt, assessment, and closure of reports. The FCA received 281 new reports; notably 64% of whistleblowers provided contact details, facilitating follow-up communications. Collectively, these reports contained 752 allegations. The highest number of allegations related to compliance issues, followed by  concerns related to fitness and propriety, consumer detriment, culture and the FCA’s Consumer Duty. The FCA closed 468 whistleblowing reports between January and March 2025. Of these, 12 reports (2.6%) required significant FCA action, such as enforcement action, a skilled person report or restriction, 192 (41%) prompted measures to reduce harm such as supervisory visits, requests for information or attestations, and 213 (45.5%) informed the FCA’s work without necessitating immediate intervention. A further 37 reports (7.9%) were documented for future reference as they were not deemed indicative of immediate harm, while 14 reports (3%) fell within other classifications.