The New Consumer Rights Directive

Thus In-house worksop will help your team understand the key provisions of the new Consumer Rights Directive and the practical legal implication for your business.

Course Overview

All businesses are now required to meet the challenges of selling to consumers under today’s highly technical consumer law regime. Businesses will need to quickly get-to-grips with the changes brought in by the recent Consumer Rights Directive, as well as existing consumer legislation.

This In-house workshop will give a comprehensive overview of the key changes to English consumer law, as well as practical information that focuses on how your organisation can avoid the severe consequences of failure to comply.

By attending this programme your team will:

  • UNDERSTAND the key changes to English consumer law
  • REALISE how the changes in consumer law will impact your business and the implications of failure to comply
  • EXPAND their knowledge of consumer rights in a variety of areas including supply of goods, services and digital content for a variety of contracts, including off and on premises and distance sales
  • REVIEW the effect of changes in consumer law on the drafting of the organisations commercial contracts
  • DEVELOP their practical knowledge of what to do and how to organise the business to avoid legal, regulatory and customer pitfalls

Sample Programme

Consumer law – What’s changed for businesses?

  • The changing framework of a English consumer law for businesses who sell to consumers:
    • Why was a change needed?
    • Draft nature of current plans
    • How much has actually changed for businesses? The good and the bad
    • Key, new definitions – what is a “consumer”, “trader”?
    • Why must businesses pay attention?

Consumer Rights Bill –Key provisions

  • Rights and remedies – explanation of the changes to:
    • Supply of goods
    • New “digital content”
    • Supply of devices
  • Unfair terms
    • What does this mean for your business under these new laws?
  • Fair terms and the fairness test
  • Plain, clear wording – why is this vital?
    • What impact can they have on your business?
  • Notices and contracts
  • Enforceability
  • Exclusions
  • Enforcement
    • Enhanced consumer remedies of which you need to be aware as a business selling to consumers
    • Collective actions for consumers – new rights

*Consumer contracts (Information, cancellation and additional payments) – Key provisions and what has changed – Part I

  • Changes to each type of contract:
    • Distance contracts
    • Off-premises contracts
    • On-premises contracts
    • Mixed contracts
  • Information:
    • What additional information must be included to ensure your contracts are enforceable:
  • On-premises contracts
  • Off-premises contracts
  • Distance contracts
    • A “durable medium”, day-to-day transaction exemption and confirmations – what you need to know that you did not before

Compliance

Understanding what compliance means for you. *Top mistakes to avoid
  • Assessing your risks and vulnerabilities
  • Top tips for execution
  • Social media and complaints – the bad news and how to turn it into good

Consumer contracts (Information, cancellation and additional payments) – Key provisions and what has changed – Part II

  • Cancellation Rights:
    • When do they apply, what are they and what has changed for your business?
  • Off-premises contracts and distance contracts
  • Service contracts
  • Digital content
  • Specifications and bespoke items – how they are different
  • Returned goods
  • Hidden costs:
    • Pre-ticked boxes – beware of how new rules can make a trader liable to pay the consumer. Do your pre-ticked boxes put your business at risk?
    • New Customer helpline legal requirements – are your telephone lines legally acceptable?
  • Enforcement:
    • What can happen if you fail to comply with these new rules
    • Other routes to compliance

The Consumer Protection from Unfair Trading Regulations 2008 – how do they affect your business?

*What is an unfair commercial practice?
** What commercial practices are automatically unfair – don’t be caught out.
* What is your business prohibited from doing?
** Misleading actions
** Misleading omissions
** Aggressive commercial practices
* Offences and Enforcement – what happens if your business fails to comply:
** What could happen?
** Do you have a defence?
** Powers of entry and investigation – what to be aware of

Electronic Communications (EC Directive) Regulations 2002 – Key provisions – what does a business selling to consumers need to know

  • When do they apply and how to understand key definitions:
    • Commercial communication
    • Established service provider and service provider
    • What is an “order”?
  • Information:
    • Have you got it covered? What must be included by a business to a consumer for a:
  • Information society service; and
  • Contracts concluded by electronic means
  • What must a business do when a consumer places an order?
    • Steps that must taken
    • What happens if you fail to comply?
  • Is your contract still enforceable?
  • What if it was deemed to never have existed in the first place?
    • What do businesses need to know when a consumer changes their mind?
  • What protection does your business have?

Marketing – it is not just consumer contracts businesses need to consider

  • Discussion on the Business Protection from Misleading Marketing Regulations 2008
    • Misleading and comparative advertising – don’t be tempted to go too far
    • Consequences of failure to comply
  • Discussion on the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code) – the basics in brief

Recommended Trainers

Mark Weston is a partner at Matthew Arnold and Baldwin LLP where he joined in August 2004 as Head of the Commercial, Intellectual Property and Information Technology Group, after several years at Baker & McKenzie. Mark’s practice covers both non-contentious and contentious matters in all areas of commercial law, intellectual property law, information technology law, Internet, electronic commerce, and on-line services law. He specialises in VentureTech and commercial issues related to VentureTech.

He has extensive experience in-house, having been seconded in the past to Hewlett Packard and new technology companies. His practice covers all sorts of commercial areas (including franchising) as well as extensive IT niches, he is Chairman of the Society for Computers & Law (North London and Home Counties Region), Chairman of the Intellectual Property Interest Group of Lawnet and is a premier member of the Eurojuris Intellectual Property Panel. Mark writes various books on his specialist topics and is an editor and contributor of several publications and articles, and lectures at numerous commercial, IP and IT related conferences and training programmes.

Sandra Quinn is Managing Director of Quinnity Limited. She is a former UK financial services regulator, Risk Director for Lloyds Banking Group, and Interim CEO of the National Fraud Authority, Sandra Quinn runs her own independent consultancy, Quinnity Limited which specialises in helping companies put in place practical frameworks for risk, compliance, operations, and people. An expert on governance in the public and private sectors, Sandra works with Boards and management at all levels.

Recent work includes dealing with regulatory investigations, acting as Groupon’s Risk and Compliance Director, and reviewing the business conduct and ethics programme of BAE Systems. Now providing compliance services to Wonga, a pioneering Internet-based short term lender.

Continuing professional development

This course qualifies for the following CPD programmes:

  • CPD certificate of attendance: 11.00 hours

Bespoke training

We can customise this course to meet the requirements of your organisation. Contact us to discuss your training requirements.

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Previous customers include...

  • AGEAS (UK) Ltd
  • Arriva plc
  • Avis Budget Services Ltd
  • City and Guilds
  • Co-operatives UK
  • Das Law
  • DAS Legal Expenses Insurance Co Ltd
  • DMG Media
  • Europcar (UK) Ltd
  • Hitachi Capital (UK) PLC
  • Intel
  • Sony Computer Entertainment Europe Limited

Professional, friendly, knowledgeable and confident.

Amber Kripas, Commercial Lawyer, City and Guilds

Speaker obviously knows his subject area. Compliance section didn't fit well. Too much details for one day.

Linda Barlow, Legal Officer, Co-operatives UK