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How to get your business ready

The Digital Markets, Competition and Consumers Act 2024

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Businesses are making changes to get ready for the DMCC, particularly given the risks associated with misleading advertising and other unfair commercial practices are now much greater.   

Most businesses will already have some processes in place to ensure advertising materials, consumer journeys, subscription procedures and other commercial practices are not misleading or otherwise unfair.  These historically may have been ‘light touch’ given the perceived low risk of civil or criminal enforcement action under consumer protection law, and the inability of the ASA to impose serious sanctions on those who do not comply with the CAP and BCAP Code.  

This has all changed under the DMCC. The risks associated with misleading advertising and other unfair commercial practices are now elevated.   

We are assisting many of our clients in getting ready for these changes, from running audits of current practices to offering practical tips, training and advice on proactive steps to take now. 

Checklist to get your business ready

1.

✔️ Review current practices
  • What steps are you taking to avoid publishing fake or misleading reviews?  
  • What does your user journey look like? Is the information you provide about your products, content and services accurate? 
  • What information do you currently provide to subscribers when they sign up, when their introductory offer ends, and when their subscriptions renew?  
  • What information do you keep about the prices which consumers pay for your goods, and how long do you keep it for?  
  • Amend ad clearance processes and consider restructuring teams so that legal checks take place before marketing is published or user journeys are changed. 
  • Ensure your marketing teams hold documents to substantiate any claims they use in their marketing. 
  • Implement processes to ensure information can be retrieved in the event of a complaint.   
  • Consider whether commercial and marketing teams need training on the new regime and to ensure they’re familiar with the significant risks.   
  • We can provide bespoke training to legal, marketing and commercial teams on all aspects of the new regime.   
  • Brief employees on what to do in the event of a regulatory investigation or dawn raid.  
  • Create an internal dawn raid response team with representatives from the relevant areas of the business.   
  • Regularly refresh training and guidance on compliance in this area.  
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