Presented by
Falconbury

The Consumer Rights Directive

This workshop will help your team understand the key provisions of the Consumer Rights Directive and the practical legal implication for your business.

Find out more

  • Format: Bespoke training
  • CPD: 6 hours for your records (depending on your requirements)
  • Certificate of completion

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

Sandra Quinn

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Mark Weston

Mark Weston is a Partner at Hill Dickinson LLP where he is Head of Information Technology, Intellectual Property and Commercial. His practice covers all areas of commercial law and he has a wealth of industry experience having worked in-house at Hewlett Packard. He regularly appears on BBC1 and Sky News as a legal commentator.

More details

We don't have any currently scheduled dates for this course but we can customise it to your requirements and deliver it on an in-house basis for any number of your staff or colleagues.

See below or contact us to discuss your requirements.

Reviews of IPI's The Consumer Rights Directive training course


Professional, friendly, knowledgeable and confident.

Dec 4 2013

Amber Kripas
Commercial Lawyer, City and Guilds

Dec 4 2013

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

UK

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

Multiple colleagues?
Talk to one of our training experts to discuss how to:

Run this course conveniently and cost-effectively in-house for your staff and colleagues

Aleksandra BEER
Training expert

+44 (0)20 7749 4749

inhouse@ipi.academy