Trading with consumers

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This subtopic examines commercial law and regulation that impacts trading and contracting with consumers in the UK.

To determine the legal framework applicable to a specific consumer contract, the following two key questions must be considered:

  1. •

    what is being sold—ie goods, services and/or digital content

  2. •

    where it is being sold—ie on-premises, off-premises or at a distance (eg, online)

In addition, there are restrictions applicable to how consumer contracts are drafted.

Traders must also consider how they sell to avoid unfair trading practices.

For information on law and regulation applicable to trading with consumers in the EU, see: Consumer protection (EU Law)—overview and also Practice Note: Consumer protection—UK/EU comparison.

Key consumer legislation

Prior to contracting or trading with consumers, it is important for traders to be aware of the legislation that governs business-to-consumer (B2C) relationships.

The Practice Note: Key consumer legislation—summary sets out a brief description of the key consumer legislation that businesses dealing with consumers should be aware of.

It considers the core legislation relevant when trading or contracting with consumers and other key legislation relevant to the B2C relationship in the context

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Latest Commercial News

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This week's edition of Commercial weekly highlights includes: analysis of key 2025 developments relating to data protection and confidential information during 2025 which also includes what to expect in 2026, news that the Information Commissioner’s Office published a letter on its progress against economic growth commitments and the work planned for 2026, and news that the Advertising Standards Authority has published guidance outlining its remit on cross‑border ads.

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The Information Commissioner’s Office (ICO) has published a letter to the Prime Minister, the Chancellor of the Exchequer, and the Secretary of State for Business and Trade setting out a one-year update on its five economic growth commitments made in January 2025. These commitments are to: (1) give businesses regulatory certainty on artificial intelligence (AI); (2) cut costs for small and medium-sized enterprises (SMEs); (3) enable greater innovation through its Regulatory Sandbox and Innovation Advice services; (4) unlock privacy-preserving online advertising; and (5) make it quicker and easier to transfer data internationally. The letter confirms that the ICO is working with the government on legislation to introduce a statutory code of practice on AI and automated decision-making, and that its expanded data essentials platform for SMEs is due to launch in spring 2026. It also states that the ICO has secured funding to design an experimentation regime to support the testing of emerging technologies, with research findings due by mid-February 2026. In addition, the ICO says it is assessing low-risk online advertising activities that could operate without consent under the Privacy and Electronic Communications Regulations (PECR) and will provide evidence to the government in the spring. The letter also highlights that the ICO published updated guidance on international data transfers in January 2026, aimed at simplifying requirements and supporting cross-border data flows, which underpin around 40% of UK exports. The ICO adds that it will continue to issue further guidance and improve regulatory clarity throughout 2026.

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