Jurisdiction(s):
United Kingdom

Key definition

Professional diligence definition

What does Professional diligence mean? In practice, professional diligence describes the level of skill and care a trader must apply in consumer‑facing activities (for example, advertising, pricing, sales and complaints handling) to ensure fair dealing. It is a statutory term in the UK Consumer Protection from Unfair Trading Regulations 2008 and in Ireland’s Consumer Protection Act 2007 (each implementing the Unfair Commercial Practices regime). It means the standard of special skill and care which a trader may reasonably be expected to exercise towards consumers, commensurate with honest market practice and/or the general principle of good faith in the trader’s field of activity. Failure to meet this benchmark...

Archived: Contravening professional diligence under CPUTR 2008—elements, recklessness, corporate liability and unavailable defences (pre‑6 April 2025)

Published by a LexisNexis Corporate Crime expert

Practice notes

ARCHIVED: This Practice Note is archived and no longer maintained. From 6 April 2025, the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277, are revoked and replaced by the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). However, CPUTR 2008, SI 2008/1277 continues to govern any conduct that occurred before 6 April 2025. For guidance on contravening Professional diligence under DMCCA 2024, see Practice Note: Contravening professional diligence under the Digital Markets, Competition and Consumers Act 2024...

The offence of contravening professional diligence

The offence of contravening professional diligence is a criminal offence within the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008). See Offences under the Consumer Protection from Unfair Trading Regulations 2008 [Archived]. Regulation 3 prohibits unfair commercial practices. A commercial practice is unfair where it, among other things:

fails to meet the Requirements of professional diligence; and
materially distorts, or is likely to materially distort, the economic behaviour of the average consumer regarding the product

Regulation 8(1) of CPUTR 2008 makes it an offence to engage in this specific unfair commercial practice...

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Web page updated on 21/05/2026

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