Durable medium meaning

Requirement Compliant Does your new client/matter process flag clients who hold cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013? See Practice Note: Different types of cancellation rights—law firms, and Decision tree: does my client have cancellation rights (from 14.06.2014). If yes, does the process also confirm whether those rights arise from an off-premises contract or a distance contract? Before the client is bound by any agreement, do you provide: the information required by Schedule 2 of the Regs—covered in our 2019 Client care letter—law firms and Terms of business—law firms; notice of cancellation rights—see Instructions for cancellation; a Cancellation form? For off-premises contracts, you must give the information on paper or, if the client consents, on a durable medium, e.g. email. For distance contracts, there is no need for paper or even a durable medium—you may simply provide or make the information accessible to the client, but if you use email or post, the information...

This Practice Note sets out a summary of Directive 2011/83/EU, the EU Consumer Rights Directive (EU CRD), together with changes brought in by Directive (EU) 2019/2161, the EU Omnibus Directive, Directive (EU) 2024/825, the EU Empowering Consumers Directive, and Directive (EU) 2023/2673, the Revised EU Distance Marketing of Consumer Financial Services Directive. It outlines the reach of the EU CRD, core definitions distinguishing distance, off-premises and other contracts, the information that must be given to consumers, and consumers’ cancellation rights (the right of withdrawal). It also addresses rules on additional payments, payment surcharges, help-lines, delivery, and the transfer of risk. This Practice Note does not deal with UK legislation. For details on UK legislation, see Practice Notes: Distance, doorstep and on-premises sales Consumer Rights Act 2015—summary Consumer Rights Act 2015—goods Payment surcharges For an overview of principal EU consumer legislation, see Practice Note: Key EU consumer legislation—summary. Key EU legislation and materials The EU CRD seeks to align and...

This Practice Note provides an overview of the law, guidance and practical issues under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). These rules govern consumer contracts for goods, services and digital content, in tandem with wider consumer protection legislation. It sets out when the CCR 2013 bite; distinguishes distance, off‑premises (doorstep) and on‑premises agreements; details the information traders must supply; and outlines consumers’ rights to cancel once a contract has been made. It also addresses rules on extra charges and helplines, the implications of non‑compliance, and how the regime is enforced. While this note focuses solely on the CCR 2013, businesses should also consider other laws affecting how they trade, contract with, or otherwise engage consumers. For further detail, see Practice Note: Key consumer legislation—summary. Background The CCR 2013 implemented most of Directive 2011/83/EU, the EU Consumer Rights Directive, into UK law. The EU CRD sought to boost growth and consumer trust by harmonising a range of trader–consumer rules across the...

Introduction to the FCA's COBS requirements on distance communications, client agreements and cancellable contracts Introduction to distance communication requirements This Practice Note reviews the regulatory framework and guidance governing distance communications set out in chapter 5 of the Financial Conduct Authority's (FCA) Conduct of Business sourcebook (COBS 5). COBS 5 gives effect to provisions of the Distance Marketing of Consumer Financial Services Directive (Directive 2002/65/EC) (the DMD), as amended by the Unfair Commercial Practices Directive (Directive 2005/29/EC). The DMD covered consumer financial services, defining these as any banking, credit, insurance, personal pension, investment or payment service. Its objective was to ensure that consumers interacting with a financial services firm via distance sales channels are not placed at a disadvantage compared with those using traditional channels, by requiring that they receive minimum standard information about the firm they intend to deal with and about the product or service on offer. Consumers must also be afforded a chance to withdraw from the concluded contract, without incurring liability, within a specified...