This Practice Note summarises the law, guidance and practice in relation to unfair commercial practices in the EU. It reviews the key aspects of Directive 2005/29/EC, also known as the EU Unfair Commercial Practices Directive (EU UCPD) which covers Misleading actions, Misleading omissions, aggressive practices and banned practices in respect of consumers. This Practice Note also highlights the amendments introduced by Directive (EU) 2019/2161, the EU Omnibus Directive and Directive (EU) 2024/825, the EU Empowering Consumers Directive.
Key EU legislation and materials
The EU Unfair Commercial Practices Directive
Directive 2005/29/EC of 11 May 2005 concerning unfair business-to-consumer commercial practices in the Internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC and Regulation (EC) No 2006/2004, also known as the EU Unfair Commercial Practices Directive (EU UCPD), prohibits unfair commercial practices. The EU UCPD distinguishes five types of unfair commercial practice (see ‘Types of unfair commercial practices’ below) including banned commercial practices that are prohibited in all circumstances.
EU Member States were required to implement the EU UCPD by 12 June 2007 and apply the rules from
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Jurisdiction(s):
European Union
Key definition:
Misleading definition
What does Misleading mean?
The Trade Descriptions Act 1968 (TDA 1968), s 3(2) provides that a trade description which, though not false, is misleading in that it is likely to be taken as an indication of such of the matters specified in TDA 1968, s 2 and, as such an indication, would be false to a material degree, shall be deemed to be a false trade description.
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