Contravening professional diligence

Published by a UUÂãÁÄÖ±²¥ Corporate Crime expert
Practice notes

Contravening professional diligence

Published by a UUÂãÁÄÖ±²¥ Corporate Crime expert

Practice notes
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Forthcoming change: On 24 May 2024, the Digital Markets, Competition and Consumers Bill received Royal Assent, becoming the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). The DMCCA 2024 is partly in force from the date of Royal Assent. However, most of the key provisions and obligations under the DMCCA 2024 will be brought into force via secondary legislation. Once fully in force, among other things, the DMCCA 2024 will revoke the Consumer Protection from Unfair Trading Regulations, SI 2008/1277. This Practice Note will be updated when the relevant provisions of DMCCA 2024 are commenced. For an overview of DMCCA 2024, see Practice Note: The Digital Markets, Competition and Consumers Act 2024—key provisions from a consumer protection perspective.

The offence of contravening Professional diligence

The offence of contravening professional diligence is one of the criminal offences contained in the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008). See Offences under the Consumer Protection from Unfair Trading Regulations 2008. Regulations 3(3) and 8(1) make it an offence to engage in commercial practice that contravenes

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Jurisdiction(s):
United Kingdom
Key definition:
Professional diligence definition
What does Professional diligence mean?

‘Professional diligence’ is defined as the standard of special skill and care which a trader may reasonably be expected to exercise towards consumers which is commensurate with either: • honest market practice in the trader’s field of activity, or • the general principle of good faith in the trader’s field of activity

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