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Consultation outcome

Refreshing our guidance on unfair contract terms

This consultation has concluded

Detail of outcome

The Competition and Markets Authority (CMA) has updated its guidance on unfair contract terms (CMA37).

Feedback received

Amplified Global

British Retail Consortium (BRC)

Individual 1

Individual 2

Mitsubishi HC Capital UK

Shepherd and Wedderburn LLP

Which?


Original consultation

Summary

The CMA is consulting on draft revised guidance on unfair contract terms (CMA37).

This consultation ran from
to

Consultation description

The CMA has produced draft revised guidance, and a draft technical note, on the unfair contract terms provisions in Part 2 of the Consumer Rights Act 2015. Once finalised, these documents will replace our current guidance on unfair contract terms (CMA37).

The law on unfair contract terms has not changed since 2015, so businesses’ obligations remain unchanged. But we are updating the guidance to:

  • make it easier for businesses to understand unfair contract terms law and help them to comply
  • reflect other relevant developments, including direct consumer enforcement powers for the CMA under the Digital Markets, Competition and Consumer (DMCC) Act 2024

We’re seeking your views on the draft guidance, and how we’ve simplified, streamlined and improved its presentation.

Documents

Consultation document

Technical note

Updates to this page

Published 22 January 2026
Last updated 22 July 2026 Show all updates
  1. Responses and final outcome published.

  2. First published.

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