UK subscription commerce contracts and marketing rules

What to take away

Subscription commerce UK regulations are the consumer, marketing, product-safety and contract rules relevant to UK-facing sellers of recurring goods or services. Check the territorial scope of each rule, especially where product-specific requirements apply.

The Privacy and Electronic Communications Regulations (PECR), enforced by the ICO, govern electronic marketing; the soft opt-in is a limited exception for existing customers.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Consumer Rights Act 2015 set out key consumer-contract information and rights.
The Digital Markets, Competition and Consumers Act 2024 contains subscription-contract rules on reminders, cooling-off and straightforward cancellation; check which provisions apply before launch.
CAP writes the non-broadcast CAP Code and BCAP writes the broadcast BCAP Code; the ASA administers and enforces them. Subscription boxes containing physical products also need product-safety checks.
Supplier, platform and payment contracts should match the promises you make to subscribers.

This article is general guidance; individual cases need a qualified adviser.

Consent and marketing rules

PECR consent for acquisition and retention

The Privacy and Electronic Communications Regulations, enforced by the ICO, govern electronic marketing. That covers the emails and texts you send to win subscribers and the reminders you send to keep them. The ICO guide to PECR explains that consent must be a positive action, not a pre-ticked box, and that you must record what each person agreed to.

Consent basis before you send

Did they opt in positively?

Yes

send, and record what they agreed to

check soft opt-in: details collected during a sale?

Soft opt-in applies only where you collected the details during a sale and the messages concern similar products. It does not cover lists bought from a third party. Before a win-back campaign to lapsed subscribers, check the consent basis. Use our subscription commerce compliance guide alongside this checklist when recording the basis and evidence for each marketing message.

Cookies and tracking on sign-up pages

Analytics and advertising cookies on your sign-up flow need consent before they are set, except where strictly necessary. A checkout that drops a tracking pixel before the customer agrees is a common breach. Set your tag manager to block non-essential scripts until the user acts.

Offers, pricing and product safety

Price claims and trial offers

For legacy conduct, check the Consumer Protection from Unfair Trading Regulations 2008; for a new launch, check the applicable unfair-commercial-practices provisions of the Digital Markets, Competition and Consumers Act 2024 and their commencement. CAP writes the non-broadcast CAP Code, while BCAP writes the broadcast BCAP Code; the ASA administers and enforces these codes. State the conditions of a “first month free” offer and any later price alongside the claim.

Product safety for subscription boxes

If your subscription includes physical goods, product-safety duties apply. Check the GOV.UK product safety guidance and the Office for Product Safety and Standards (OPSS) material for the relevant product type, including labelling, warnings and traceability. A monthly box of cosmetics, toys or electricals brings different checks from a box of dry food. Check each item against the relevant guidance before it ships, and identify the appropriate local Trading Standards service for consumer-protection questions.

Contracts and record keeping

Consumer terms and subscription rights

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 require traders to give consumers certain information. Before checkout, make the trader’s identity, recurring price, payment frequency, contract duration and cancellation terms clear, and keep a record of the information shown. For distance goods, the cancellation right runs from ordering until 14 days after receipt; for distance services, it lasts 14 days from entering the contract.

The Consumer Rights Act 2015 sets consumer rights for goods, digital content and services. Check that product descriptions, quality and service standards match what you promise, and make sure your complaints and remedies process reflects those rights.

Part 2 of the same Act covers unfair terms, which matters for auto-renewal, price-change and cancellation clauses. Under section 62, an unfair term of a consumer contract is not binding on the consumer, and a term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer. Part 1 of Schedule 2 adds an indicative and non-exhaustive list of terms that may be regarded as unfair, so test your renewal and price-change wording against it.

The Digital Markets, Competition and Consumers Act 2024 contains a subscription-contract regime covering matters including renewal reminders, cooling-off rights and straightforward cancellation. In its response to the implementation consultation, the government says it will legislate when parliamentary time allows and anticipates that the regime will commence in spring 2027. The main duties it describes:

Noticestraders must provide pre-contract information and send information notices at certain points, namely reminders, cooling-off notices and end-of-contract notices. Reminder notices must be given in writing on a durable medium, and their purpose must be immediately apparent.
Cooling-offa 14-day cooling-off period after a trial or a contract of 12 months or more auto-renews, during which the consumer can cancel without penalty.
Exitconsumers must be able to exit in a straightforward way without unnecessary hurdles, and if they can sign up online, they must be able to exit online.
Breachthe consumer has the right to cancel if the trader breaches certain duties, for example by not sending a reminder notice.

Check the final regulations and the government's guidance before configuring your customer journey; do not assume a reminder schedule until they are published.

For consumer-protection checks, consult the CMA’s guidance on online choice architecture and subscription practices, and identify the relevant local authority Trading Standards service. Review sign-up and cancellation journeys for clear choices and avoid design that misleads or obstructs subscribers.

Supplier and platform terms

Your contracts with suppliers, fulfilment partners and subscription platforms decide who carries the risk when something goes wrong. A platform handling recurring billing may also handle cancellations, so its description must match your customer promises. Our guide to subscription commerce commercial contracts covers clauses such as termination, liability and data processing for a separate contract review.

Records a small team can maintain

Keep a register of consent records, advertising claims, product-safety checks and contract versions, and review it each quarter. Check the territorial scope of each rule rather than assuming marketing rules differ by nation. For physical goods, check product-specific requirements and the relevant Trading Standards service; for related data-handling obligations, see our data-protection guide for England-based operators.

A pre-launch checklist

Use this checklist before you take the first payment.

PECRrecord how each subscriber opted in, do not rely on bought lists and check the ICO’s PECR guidance, including the limits of the soft opt-in.
Cookiesblock non-essential scripts until the user agrees.
Consumer contractsshow the required pre-contract information, including recurring price, payment frequency, duration and cancellation terms, and keep a record of what customers saw.
Cancellation rightsexplain applicable distance-selling rights; for distance goods, the cancellation right runs until 14 days after receipt, and for distance services it lasts 14 days from entering the contract.
Consumer Rights Actcheck that goods, digital content and services meet the standards you promise, and align your complaints and remedies process with consumer rights.
Subscription rulesplan for the Digital Markets, Competition and Consumers Act 2024 regime, which the government anticipates will commence in spring 2027: reminder notices in writing on a durable medium, cooling-off and end-of-contract notices, a 14-day renewal cooling-off period, and online exit where sign-up is online. Confirm the final requirements before launch.
Unfair termstest renewal, price-change and cancellation clauses against Part 2 of the Consumer Rights Act 2015.
Price claimsstate the full price and any increase in the same advert; check the applicable unfair-commercial-practices rules and the CAP or BCAP Code.
Product safetycheck every physical item against the relevant GOV.UK product-safety guidance and OPSS material.
Contractsmatch supplier and platform terms to your customer promises, including who handles cancellations.
Records and enforcementkeep a dated register of consent, claims, safety checks and contract versions, and identify the relevant local authority Trading Standards service.

Common questions

Do I need consent to email someone who abandoned a subscription sign-up?

Yes, unless you already have consent or a valid soft opt-in from an earlier sale. An abandoned form is not a sale, so soft opt-in does not apply.

Does the ASA cover my social media ads?

The CAP Code covers non-broadcast ads, including social media, while the broadcast code applies to radio and television. The principle is the same: do not mislead about price or conditions.

Do subscription boxes need safety testing?

If a box contains physical products, the safety rules apply to each item. The GOV.UK A to Z lists requirements by type, and some categories need testing before sale.