In-app purchases and consumer protection

Produced in partnership with Sophie Stoneham of Bird & Bird and Robert Turner of Bird & Bird

Practice notes

In-app purchases and consumer protection

Produced in partnership with Sophie Stoneham of Bird & Bird and Robert Turner of Bird & Bird

Practice notes

FORTHCOMING CHANGE: On 24 May 2024, the Digital Markets, Competition and Consumers Bill received Royal Assent, becoming the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and coming partly into force on that date. DMCCA 2024, s 251 (which is not yet in force) will revoke the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277. Once revoked, the provisions presently contained in the CPUTR 2008 will be replaced by Part 4 of DMCCA 2024 (which largely replicates the requirements of the CPUTR 2008). The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 will also be amended so as to remove their Application to subscription and so-called ‘consumer saving scheme’ contracts, bringing enforcement of these contracts into the scope of DMCCA 2024. These changes affect this Practice Note and it will be updated in due course.

For a detailed comparison of the CPUTR 2008 and Part 4 of DMCCA 2024, see Practice Note: The Digital Markets, Competition and Consumers Act 2024—key

Sophie Stoneham

Associate, Bird & Bird

I enjoy helping consumer-facing brands launch and operate e-commerce platforms, marketplaces, online shops, websites and other applications. I often work on complex international projects where clients are looking to set-up, operate and comply with local laws and regulations globally. My areas of expertise include advising on regulatory compliance issues, particularly in the field of consumer law and marketing, user journeys and customer purchase journeys. I also assist clients with various types of terms and conditions, notices, subscription contracts, EULAs, commercial contracts, influencer contracts, product/service launches and advertising campaigns.

I also spent six months working in the Consumer Enforcement Team at the UK’s Competition and Markets Authority.

In addition to my specialism in business-to-consumer matters, I assist clients with business-to-business transactions. In particular, I have worked on franchise agreements, distribution agreements and other service contracts.

I have a keen interest in video gaming, and enjoy working with clients in that sector particularly when launching and operating new games and advising on consumer laws, advertising, age rating and other commercial issues.

Robert Turner

Partner, Bird & Bird

As a Partner in our Commercial Group, I advise clients on complex, cross-border commercial transactions, with particular expertise advising sports and consumer brand clients.

I have extensive experience advising on commercial transactions in the Sports sector, acting both for sports rights-holders and sponsors / licensees in relation to sponsorship agreements, licensing arrangements, wagering rights agreements, media rights agreements, agency agreements and hosting agreements. I have acted on many of the highest value commercial deals in the football industry, including advising on the majority of the current shirt sponsorship agreements for the Big 5 Premier League Clubs. I also advise sports clients on their licensing arrangements, both in relation to physical and digital merchandise and wagering rights agreements.

My other main area of focus is advising consumer brands when they sell to, or otherwise interact with, consumers. I Co-Head our International Business-to-Consumer Group, and advise some of the best-known consumer brands in a variety of sectors, including technology, media and entertainment, sports, life sciences, FinTech, retail and luxury fashion, and automotive. I advise clients on the international expansion of consumer products, including in drafting consumer terms that comply with consumer laws in multiple international markets, designing customer journeys and reviewing and advising on marketing materials and prize promotions. My practice also includes acting for consumer brands when either they, or the sectors that they operate in, are investigated by consumer regulatory authorities.

I have written extensively on commercial law applicable to Sports and Consumer Brand clients, including:

co-authoring a chapter on Sports Sponsorship in the leading textbook Sport: Law & Practice; and

co-authoring a chapter on Electronic Contracts and Transactions in Internet Law and Regulation.

I have also spent around 18 months on secondment in the Legal Team at Arsenal FC.

Jurisdiction(s):

United Kingdom

Key definition:

Consumer definition

What does Consumer mean?

A consumer is a person acting outside the context of a trade, business or profession, but the definition takes different meanings depending on the context in which it is used. Therefore it is important to check the relevant law or regulation such as the Consumer Rights Act 2015 (CRA 2015), the Unfair Contract Terms Act 1977, the Sale of Goods Act 1979.

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In-app purchases and consumer protection

Produced in partnership with Sophie Stoneham of Bird & Bird and Robert Turner of Bird & Bird