In this series, we explore the newly enacted Digital Markets, Competition and Consumers Act 2024 (DMCCA). The DMCCA is a key piece of consumer protection legislation and has a far-reaching impact.
In this article, Emily Smith, solicitor in the Intellectual Property, Data Protection and Technology team, looks at what the DMCCA covers and who it is applicable to, with a focus on consumer rights and unfair commercial practices (UCPs).
What is the DMCCA?
The DMCCA became law on 24 May 2024 after it received Royal Assent. Prioritising consumer protection and promoting fair competition, the DMCCA contains significant changes to consumer law and the regulation of UCPs, which are primarily covered in Part 4 of the DMCCA.
Alongside these changes, the DMCCA provides for the regulation of competition in digital markets and amends other provisions regarding competition law. It also provides amendments to the Competition Act 1998 and Enterprise Act 2002.
When did it come into force?
The CMA’s enforcement powers in respect of the new consumer protection regime introduced by the DMCCA came into force on 6 April 2025 (excluding the regime for subscription contracts, contained in Chapter 2 of Part 4 and which is anticipated in Spring 2026).
Who does it apply to?
The DMCCA, specifically in respect of UCPs, applies to and affects all consumer-facing businesses. This includes both online and offline businesses.
What guidance is there for businesses?
The CMA have provided guidance regarding the DMCCA and UCPs, including the following:
- Guidance on the protection from unfair trading provisions in the Digital Markets, Competition and Consumers Act 2024 (Unfair commercial practices: CMA207 – GOV.UK); and
- Guidance on the prohibition under paragraph 13 of Schedule 20 to the Digital Markets, Competition and Consumers Act 2024 (Fake reviews: CMA208 – GOV.UK).
The CMA have confirmed that they will engage with businesses and continue to develop materials (including the guidance above) to help businesses to comply with the law.
We will explore the CMA’s approach to enforcement of the DMCCA further in a later article within this series.
What should I do in response to the DMCCA?
In the first instance, businesses should ensure they are aware of the key changes and requirements of the DMCCA. We recommend that businesses then review their current processes, including websites, purchase journeys and advertising to ensure that the requirements of the DMCCA are being met. Each business is different, so we recommend seeking legal advice to assist with this process.
Stephens Scown offer a Commercial Practices Purchase Journey Audit which enables businesses to have their websites audited in light of the DMCCA requirements. You can find out more about this offering here.