DMCC Act & Consumer Reviews - Legal Compliance & Practical Guidance for Lawyers

Introduction

The Digital Markets, Competition and Consumers Act 2024 (‘DMCC Act’) has introduced significant new consumer protection obligations for businesses that publish or display consumer reviews, creating important compliance and advisory issues for lawyers.

Businesses must now understand the scope of the banned reviews provisions, take appropriate steps to prevent and remove fake or misleading reviews, and implement and publish a consumer review policy setting out the measures they have in place to comply.

For lawyers advising businesses, understanding how these requirements operate in practice is increasingly important. The Competition and Markets Authority (‘CMA’) has begun investigating compliance and can now take direct enforcement action for breaches of consumer protection law. The financial consequences can be substantial, with penalties of up to £300,000 or, where higher, 10% of a business’s total worldwide annual turnover.

This virtual classroom seminar will examine the key legal requirements under the DMCC Act alongside the CMA’s guidance and emerging enforcement approach. It will consider the issues lawyers need to identify when advising clients, reviewing consumer review policies and assessing potential exposure to enforcement action.

The session will provide a practical framework for advising businesses on compliance, including how to identify potentially prohibited review practices, assess the adequacy of existing policies and procedures and respond to the risks associated with fake or misleading reviews.

What You Will Learn

This live and interactive session will cover the following:

• The legal framework governing banned reviews under the DMCC Act
• Which review practices fall within the automatically unfair practice of banned reviews
• The CMA’s guidance on fake reviews and the implications for businesses
• What lawyers should look for when reviewing or advising on consumer review policies
• Key provisions and safeguards to incorporate into a compliant consumer review policy
• Practical compliance measures businesses should have in place to prevent, identify and remove banned or misleading reviews
• The CMA’s direct enforcement powers and their application to consumer protection breaches
• The potential penalties and wider legal and regulatory risks arising from non-compliance
• Practical issues lawyers should consider when advising clients on consumer review compliance and enforcement risk

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.