On 22 July 2026, the Competition and Markets Authority (“<span class="news-text_medium">CMA</span>”) published revised guidance, CMA37 and a new technical note on unfair contract terms under Part 2 of the <span class="news-text_italic-underline">Consumer Rights Act 2015</span> (“<span class="news-text_medium">CRA</span>”). These publications replace the CMA’s previous guidance and follow a consultation that closed on 19 March 2026.
Part 2 of the CRA contains the rules governing unfair terms and notices in consumer contracts. The wider Act establishes consumer rights in relation to goods, digital content and services. CMA37 was first published in 2015; the updated version is intended to make the guidance clearer, shorter and easier for businesses and other users to navigate.
The final guidance broadly follows the consultation draft’s form and structure. Its principal changes include:
The CMA has also updated its “Writing a fair contract for customers” guidance to reflect the revised CMA37 publication.
The final version appears to expand certain aspects of the consultation draft. In particular, it provides further practical material on transparency and accessibility in digital contracts. At paragraph 4.42, it recommends making notices or contracts available in more than one format and ensuring contractual material can be read on any device.
Section 6 includes additional examples of terms and notices that are more or less likely to be fair. The guidance also provides further detail on contracts with a close connection to the UK (paragraph 2.16) and on circumstances in which exclusive-jurisdiction and choice-of-law clauses could be unfair (paragraphs 6.89–6.92).
<span class="news-text_medium">Source:</span> CMA revised guidance, Unfair contract terms guidance (CMA37) and technical note, published 22 July 2026.
