Digital Markets, Competition and Consumers Act 2024

Prospective

272 Information and notices: timing and burden of proof U.K.

(1) This section applies for the purposes of this Chapter.

(2) Where a trader gives any information or notice under this Chapter by email, by a message sent online, or by any other means of electronic communication, the information or notice is to be treated as given by the trader, and as received by the consumer, at the time that the communication is sent to the consumer.

(3) Subsection (2) applies even if the consumer does not receive the communication where the reason for that is beyond the control of the trader.

(4) Subsection (5) applies for the purposes of determining whether a consumer has—

(a) given notice that the consumer is cancelling a subscription contract in exercise of a right conferred by this Chapter within the period of time specified for the consumer to exercise the right;

(b) given notice that the consumer is bringing a subscription contract to an end within a period of time, or before a date, specified or described in the contract as the period during which, or date before which, the consumer may exercise the right.

(5) The consumer is to be treated as having given notice within the required period, or before the specified date, if the communication by which the notice is given is sent before the end of that period or date (and for this purpose it is immaterial whether or not the trader receives the notice).

(6) The burden of proof lies with the trader in any dispute between the trader and a consumer as to whether information or a notice has been given by the trader to the consumer in accordance with this Chapter.

(7) The burden of proof lies with the consumer in any dispute between the consumer and a trader as to—

(a) whether the consumer has notified the trader that the consumer is bringing to an end, or cancelling, a subscription contract in accordance with this Chapter;

(b) when the consumer gave such notice.

(8) Any information that a trader gives to a consumer under this Chapter must be given in clear and plain language and

(a) if given in writing, be in a legible form;

(b) if given orally, be audible and comprehensible.

Commencement Information

I1 S. 272 not in force at Royal Assent, see s. 339(1)