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Guidance on the Consumer protection from unfair trading regulations 2008

Starting date: 29 May 2007
Closing date: 21 August 2007

The Consumer protection from unfair trading regulations 2008 (CPRs) came into force on 26 May 2008. They implement the Unfair commercial practices directive (UCPD) in the UK, and replace several pieces of consumer protection legislation that were in force prior to 26 May 2008. The regulations introduce a general duty not to trade unfairly and seek to ensure that traders act honestly and fairly towards their customers. They apply primarily to business-to-consumer practices (but elements of business-to-business practices are also covered where they affect, or are likely to affect, consumers).

The OFT worked with BERR to produce joint illustrative guidance to accompany the CPRs, working closely with business stakeholders, other enforcers and consumer organisations throughout the drafting process.  The guidance sets out the views of the OFT and BERR on the likely effect of the CPRs.  Only the UK (and European) courts will, ultimately, be able to decide whether or not a practice breaches the CPRs.  However, the illustrative guidance is geared to improving understanding, and thus facilitating compliance with, the new law, which in certain respects is novel to UK stakeholders.

Download final Guidance on the consumer protection from unfair trading regulations (pdf 405 kb)

Consultation process
We consulted on a draft version of the guidance in May 2007.

Download Consultation document (pdf 304 kb)

Following the end of the consultation period, and after full consideration of the consultation responses, we published interim guidance to accompany publication of  the draft CPRs (which were at that time still awaiting parliamentary approval) in May 2008. 

Download Interim guidance (pdf 359 kb)

Final guidance, together with the Government response on the guidance consultation, was published in August 2008 following implementation of the CPRs, and BERR Ministerial clearance of the guidance and of the consultation response.

Download Response to the consultation on the guidance (pdf 175 kb) 

Further information about the background to the UCPD and the CPRs can be found on BERR's website.

Business protection and comparative advertising
Additionally, business-to-business practices and comparative advertising are covered by the Business protection from Misleading marketing regulations 2008 (BPRs) on which we have recently published a quick guide. This legislation also implements the UCPD.  More information on the BPRs can be found on the Business protection pages.




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