Companies contracting with consumers have to take care to ensure their agreement terms are enforceable. In one of the first post-Brexit decisions on issues in an online consumer contract, a UK court recently showed that principles of fairness and transparency remain vital in the terms and conditions of consumer digital contracts.
In Europe, drafting digital consumer contracts requires extra care and thought to be given towards incorporation, meanings, and additional regulations in comparison to B2B contracts. This is equally true in a post-Brexit world as it was back in 2012 when we reported on something similar. Plus ça change, plus c’est la même chose – as no Brexiteer would ever say.
Any consumer-facing company doing business online must step back and ask the question: Would this hold up in court? We’ve outlined some key takeaways from this case for organizations to consider when drafting digital consumer contracts that they apply to UK-based customers.
For more information, read the full client alert.