UK Consumer Law: The CMA and the DMCC Act 2024
Since April 2025 the CMA can fine businesses directly — up to £300k or 10% of global turnover — for hidden advertising and fake reviews.
The legal backbone of UK disclosure enforcement changed significantly in 2025. The consumer-protection provisions of the Digital Markets, Competition and Consumers Act 2024 (the DMCC Act) replaced the older Consumer Protection from Unfair Trading Regulations 2008, and they gave the Competition and Markets Authority (CMA) the power to enforce consumer law directly. This is a major escalation in enforcement capability.
What changed in 2025
- The new unfair-commercial-practices regime applies to conduct from 6 April 2025.
- The CMA can now decide itself that a business breached consumer law and impose penalties, rather than having to go to court.
- Penalties reach up to £300,000 or 10% of global annual turnover, whichever is higher.
The banned practices that matter to affiliates
The DMCC Act lists practices banned in all circumstances. Three are directly relevant:
- Hidden advertising — using editorial content to promote a product where the trader has paid, without making that clear. Clear identification such as “#Ad” is required.
- Fake reviews — submitting, commissioning, or publishing fake consumer reviews, or publishing incentivized reviews without disclosing the incentive.
- Falsely posing as a consumer — representing yourself as an ordinary consumer when you are acting commercially.
Enforcement is active
In its first year of direct enforcement (April 2025 to April 2026), the CMA opened 14 investigations, issued 157 advisory or warning letters, ordered roughly £760,000 in refunds, and imposed around £4.7 million in fines — focused on drip pricing, fake reviews, and dark patterns.
The CMA on affiliate links
The CMA’s guidance for content creators is explicit: “It is not enough just to tag a brand in your post, use discount codes or affiliate links.” Any incentivized promotion — payment, commission, gift (even unsolicited), discount, or affiliate arrangement — must be labeled with a clear term such as “ad,” “advert,” or “advertisement.” Unacceptable: “#gifted,” “#spon,” “#collab,” “in association with,” or naming the brand alone.
Brands are on notice too
Updated 2025 guidance warns brands that they are responsible for ensuring paid endorsements promoting them are labeled, and that continuing to work with creators who repeatedly fail to label content creates legal risk for the brand itself.
Authoritative sources
Last reviewed July 2026. This page is general educational information, not legal or tax advice.