Refreshing our guidance on unfair contract terms

The CMA has produced draft revised guidance, and a draft technical note, on the unfair contract terms provisions in Part 2 of the Consumer Rights Act 2015. Once finalised, these documents will replace our current guidance on unfair contract terms (CMA37).

The law on unfair contract terms has not changed since 2015, so businesses’ obligations remain unchanged. But we are updating the guidance to:

• make it easier for businesses to understand unfair contract terms law and help them to comply
• reflect other relevant developments, including direct consumer enforcement powers for the CMA under the Digital Markets, Competition and Consumer (DMCC) Act 2024

We’re seeking your views on the draft guidance, and how we’ve simplified, streamlined and improved its presentation.