On 15 March 2025, we celebrate World Consumer Rights Day, a global event that promotes consumer rights and emphasises the importance of fair and transparent business practices.

At William Fry, we advise a diverse array of clients who, as traders, offer products and services to consumers across various sectors, primarily in the digital environment. When advising such clients, we consider the application of Irish consumer laws, which have undergone significant changes in the last few years, and other emerging digital regulations that enhance consumer protections in areas like advertising, e-commerce, online safety, accessibility, etc. As we celebrate this day, we reflect on our experiences and highlight the key aspects of the complex consumer law landscape that traders should be aware of and comply with to ensure they respect consumer rights.

1. Mastering the changes brought about by the Irish Consumer Rights Act 2022

In November 2022, the Consumer Rights Act 2022 (CRA) came into force. Since then, we have been working with clients to ensure compliance with the key changes it brought to Irish consumer law. The most impactful provisions in our experience include:

• Regulating digital content and services in consumer contracts for the first time.
• Expansion of the prohibition on traders’ ability to exclude or limit liability regarding certain statutory obligations. For example, implied terms can no longer be contracted out of in services contracts.
• Enhanced mandatory information and transparency requirements.
• Introduction of a ‘black list’ of prohibited terms and expansion of ‘grey list’ terms that will generally be deemed unfair.
• Mandatory verification of customer reviews/endorsements before publication by traders.

The new redress options and strengthened enforcement powers brought about by the CRA have further increased the risk of reputational damage should a trader fail to meet their obligations.

With this in mind, we have been assisting clients with the following workstreams:

• Exploring the ‘new’ cooling-off periods introduced by the CRA for any ongoing field sales operations and making necessary adjustments to procedures where required.
• Completing unfair terms sweeps of consumer-facing agreements.
• Assessing the extent to which all consumer-facing terms and conditions satisfy the enhanced transparency and mandatory information requirements under the CRA, ensuring all mandatory information has been included to date.
• Reviewing existing arrangements with suppliers and distributors to ensure that the consumer rights and remedies provided for in the CRA are observed and respected and that there are no potential liability gaps.
• Inspecting documentation supplied to consumers before any contract is formed, including notices, advertisements, and announcements.
• Reviewing cancellation, returns, complaints, and aftersales procedures to ensure all policies are CRA compliant.

If you have not already done so, we strongly advise all traders to conduct comprehensive reviews of their business practices to ensure compliance with the CRA. In our experience, staying ahead of regulatory changes is crucial for maintaining competitiveness and avoiding potential legal pitfalls. By proactively addressing these requirements, traders can safeguard their reputation, build consumer trust, and ensure their operations are aligned with current standards.

2. Crackdown on misleading pricing practices

The European Union (Requirements to Indicate Product Prices) (Amendment) Regulations 2022 were introduced in Ireland to impose obligations on traders when announcing price reductions. Specifically, traders must display the prior price, the lowest price the goods were sold for in the 30 days preceding the sale. Clients often seek our guidance on their proposed marketplace sales interfaces to ensure they comply with these regulations’ nuances. Recently, the Competition and Consumer Protection Commission (CCPC) has taken significant enforcement actions against retailers for breaches of the same. In late 2024, the CCPC initiated proceedings against several nationwide retailers for misleading sale discounts identified during Black Friday and winter sales inspections. This week, the first three prosecutions under this law were announced, with three retailers ordered by Dublin District Court to pay €1,000 each to charity and cover the CCPC’s costs. These enforcement actions highlight the CCPC’s dedication to upholding pricing laws and safeguarding consumers from deceptive practices. They serve as a clear reminder for traders to adhere strictly to pricing regulations to avoid legal consequences and maintain consumer trust.

3. Ensuring readiness for enhanced consumer accessibility mandates

The European Accessibility Act (EAA) will take effect in Ireland on 28 June 2025, imposing obligations on companies to harmonise accessibility standards across the EU. It covers a wide range of products and services provided to consumers in the private sector, including consumer electronics, self-service terminals, electronic communication services, audiovisual media services, transport services, consumer banking services, e-books, and e-commerce services. The obligations of traders vary based on their role in the supply chain (e.g., manufacturer, distributor, importer, service provider) and the specific nature of the products or services they offer. We have been assisting clients from various industries in understanding their specific requirements under the EAA and developing compliance strategies to prepare for the upcoming changes to consumer accessibility rights.

4. Navigating consumer safety in the online environment

The Digital Services Act (DSA) and the Online Safety and Media Regulation Act (OSMRA) are pivotal in enhancing consumer rights in the digital space. The DSA targets intermediary service providers based in Ireland to create a safer, more predictable and trusted online environment. It does this by setting clear rules for online intermediaries and platforms, preventing illegal activities, and ensuring user safety. It promotes transparency, accountability, and user protection in a number of ways, including by banning the use of dark patterns by online platforms, which we discuss in more detail here.

Similarly, the OSMRA is targeted at video-sharing platforms (VSPs) based in Ireland and focuses on regulating harmful online content and ensuring that digital media consumption is as safe as traditional broadcast media. It gave Coimisiún na Meán the power to publish a binding online safety code which requires VSPs to implement measures to protect children and the general public, such as content rating, age assurance and parental control systems. It also establishes a regulatory framework to combat the dissemination of harmful material, thereby protecting consumers from online risks.

These acts collectively establish a comprehensive consumer protection framework in the fast-changing digital realm. We have been assisting clients in determining whether the DSA and/or OSMRA apply to them and, if so, how they can implement measures to ensure compliance with the legislation.

5. Preparing for enhanced CCPC enforcement

Non-compliant traders will find it increasingly difficult to evade scrutiny. With the CCPC’s enhanced enforcement capabilities and the significant rise in compliance notices and fines, there is a clear message that regulatory oversight is becoming more stringent. In 2023 alone, the CCPC issued 100% more compliance notices and imposed 206% more fines than in previous years. Additionally, the growing awareness among Irish consumers about their rights further amplifies this effect, as evidenced by the 44,247 consumers who contacted the CCPC in 2024, a 13% increase from the 2023 figures.

Notwithstanding the above, in late 2024, the CCPC’s chairman acknowledged that the regulator ‘lacks teeth’. The Chairman urged the Irish Government to grant the CCPC more powers to impose substantial financial penalties on companies violating consumer law. This sentiment was echoed in a more recent CCPC publication, highlighting the need for legislative changes to enable the CCPC to “impose large fines for serious offences – for example, fines that are a percentage of a business’s turnover.” The publication emphasised that this is a priority for the CCPC. Although no official developments have yet been identified, traders should note this sentiment. If the regulator succeeds in its goal, non-compliant traders will face increased risks. Therefore, it is more crucial than ever for traders to adhere to Ireland’s consumer laws.

William Fry’s Role in Strengthening Your Business’s Consumer Law Compliance

Compliance with consumer laws and digital regulations is essential to safeguard consumer rights and maintain trust in the marketplace. At William Fry, our dedicated team specialises in navigating this complex patchwork of legislation, ensuring that our clients are well-prepared to meet their obligations. By staying ahead of regulatory changes and implementing robust compliance strategies, traders can protect their reputations and thrive in the dynamic digital environment. For more information on how consumer-related and digital regulations might apply to your business, please see our TechReg Connect software solution here. This proprietary tool is an easy-to-use process that will help you to understand the scope of the evolving regulatory landscape, enabling your businesses to prioritise compliance efforts effectively.

Alternatively, please get in touch with Leo Moore, Laura Casey, or your usual William Fry contact in our Technology Team if you require support to ensure your businesses can confidently meet their obligations and protect consumer interests.

Contributed by Laura Casey.