The Law Commission opened a consultation on modernising Part 1 of the Consumer Protection Act 1987. Its provisional proposals would broaden the definition of product to cover software, artificial intelligence systems and digital platform features; recognise digital forms of supply; and add potentially liable actors such as fulfilment-service providers, online marketplaces and United Kingdom authorised representatives. The paper also proposes clearer defect criteria, evidential presumptions in difficult cases, compensation for corrupted data and revised limitation rules. These are proposals and do not yet change the applicable liability regime.
Impact
Impact assessment: High.
Key reasons: The proposal could materially expand both the products and economic operators exposed to strict product liability, including digital products and online supply chains.
Who is affected?
Manufacturers, software and AI developers, importers, distributors, marketplaces, fulfilment providers, authorised representatives, insurers and consumer-product compliance teams.
Conclusion:
Review product-liability allocation, contractual indemnities, technical documentation and incident evidence, but do not treat the proposals as binding until legislation is adopted.
Regulatory Authority
Law Commission of England and Wales
Regulatory Impact
| Impact Type | Status |
|---|---|
| Top Priority | |
| Type Certificate | |
| Spectrum Bands | |
| Import Changes (HS Codes) | |
| Standard Changes | |
| Product Changes | |
| Label Changes |