preview

UCPD Essay

Decent Essays

The UK’s government believes the implementation of the UCPD in the UK would reinforce the legislation on consumer protection and assist the UK to become the best at protecting consumer . As aforementioned, the Consumer Protection from Unfair Trading Regulations 2014 amends the Consumer Protection from Unfair Trading Regulations 2008 by providing new private right to redress in respect of unfair commercial practices. This part will provide a comprehensive approach to the UCPD as the foundation of the 2008 Regulations. In particular, it will analyse the purpose, the scope, the structure of the UCPD, the impact on private law and introduce the impact of the UCPD on the UK’s existing legislation. 1. The purpose of the Unfair Commercial Practices …show more content…

In other words, if there are some commercial practices which do not impact on consumers’ economic interests, such as only harm consumers’ health and safety or only impact on environment, Member States could establish additional and more stringent restriction on those commercial practices without considering UCPD. In addition, the UCPD does not stipulate commercial practices involving ‘taste and decency’ as those could be different based on Member States’ cultures. On the other hand, it is also emphasized in the sixth recital that although competitors may have economic benefit from the UCPD, it is without prejudice to domestic laws that only aim to protect businesses against unfair …show more content…

Therefore, Member States must be very circumspect in case of publicising any rules or policies in relation to the scope of the UCPD as they might be incompatible or go beyond the boundary of protection provided for in this Directive. On the other hand, despite maximal harmonisation, the private law remedies in terms of unfair commercial practices within the scope of the UCPD are neither regulated nor

Get Access