AUTUMN 2018 DIGITAL ECONOMY BANGING THE DRUM FOR DIGITAL FAIRNESS The CMA is urging online businesses to check their terms and conditions to ensure they are fair to consumers The Competition and Markets Authority (CMA) has joined forces with its international consumer-protection counterparts to identify terms and conditions (Ts&Cs) in the digital economy that may be harming customers which, in todays digital age, equates to many millions of people across the globe. Alongside the Norwegian Consumer Authority, it led a working group of the International Consumer Protection Enforcement Network (ICPEN). The network brings together more than 60 consumer authorities from across the world to identify common issues causing problems for customers and, where possible, find solutions. The working group coordinated a review by ICPEN members of Ts&Cs in a number of sectors, including: online dating; educational and video-streaming services; app stores; and the Internet of Things, such as smart fridges. It examined: n Whether terms were easy to find, and easy to read n Terms governing consumer rights to cancel or terminate contracts n Businesses rights to change contracts n Customer privacy rights. Ultimately, your business can only rely on terms that are fair unfair terms cant be enforced The working group found room for improvement. Terms could be made more transparent and give customers a better deal on: cancelling long-term or rolling contracts; mid-term changes to contracts; and privacy rights. As a result, ICPEN has published an open letter to digital firms advising them to review their terms and conditions, plus related marketing practices, to ensure they are treating customers fairly and complying with relevant consumer law. What this means for UK businesses The CMA fully supports and endorses ICPENs letter and urges UK online businesses to take it seriously. As part of its contribution to the review, the CMA looked at online dating sites, and has already written to major players in that sector. To help businesses get to grips with UK law around fairness in consumer contracts, the CMA has produced a series of at-a-glance guides, oering a simplified overview of the law. These complement the more detailed guidance on unfair terms that the CMA produced in 2015. If you run a business and are in doubt about whether a term is fair or not, always seek independent legal advice. Fair contract terms benefit everyone. Fair terms can enhance your businesss reputation and save you time and money by helping to avoid disputes. Ultimately, you can only rely on terms that are fair unfair terms cant be enforced. Credit: Jennifer West, CMA project manager, Image: istock / TarikVision istock / doyata Ts&Cs in the digital economy remain a priority for the CMA and for many other ICPEN members, who will continue to work together for the benefit of customers worldwide. For further information, please contact your local Trading Standards Service