Commercially Connected shorts - 4 November 2026
November 04, 2026
Commercially Connected shorts - 4 November 2026November 04, 2026 Welcome to Commercially Connected shorts, our weekly bitesize newsletter summarising the latest updates in UK and EU commercial law. This week we look at:
UK: CMA open letter warning online retailers against drip pricingOn 2 November 2026 the Competition and Markets Authority (CMA) published an open letter to online retailers, reminding them of the Digital Markets, Competition and Consumers Act 2024 (DMCC) requirements for delivery fees to be included in the total price for a product and for the total price to be shown to consumers throughout the sales process. The DMCC requires pricing to be clear, so that the price the consumer sees is the total price they will have to pay, including mandatory fees, taxes and charges. This total price has to be visible at every stage of the sales process, including ads, product pages, shopping carts and baskets, checkout and payment pages. If delivery charges are optional, this also has to be made clear. Online marketplaces, search engines and comparison sites that show prices charged by different retailers for the same product also have to ensure that the prices shown are total. Online retailers are urged to review the CMA’s price transparency guidance for more information and examples of compliant and non-compliant practices. They should then review their own websites, apps and ads to make sure that they are complying with DMCC requirements. UK: ASA publishes updated AI-assisted collective ad regulation strategy for 2024-2028On 30 October 2026 the Advertising Standards Authority (ASA) published an updated version of its AI-assisted collective ad regulation strategy for 2024-2028, following a mid-point review. The ASA’s strategy is centred on 6 themes:
Businesses advertising to consumers should be aware of the ASA’s strategy, which signals an increased focus on proactive scrutiny of ads – in any medium – against CAP/BCAP Code requirements, with faster intervention against non-compliant ads and increased focus on areas such as targeted advertising, green claims and protection of vulnerable consumers. EU Customs Reform: new measures applying from 1 November 2026From 1 November 2026, two key e-commerce measures under the new EU customs reform package came into force, bringing important changes for businesses involved in low-value imports. The EU customs reform legislation, set out in Regulation (EU) 2026/2108, entered into force on 20 September 2026, establishing a new Union Customs Code (nUCC). It is the EU’s most ambitious customs reform since the creation of the Customs Union in 1968 and rests on three pillars: smarter risk management and controls, a modern e-commerce framework and a stronger partnership with business. From 1 November 2026, a €2 Union handling fee applies to goods sold in distance sales into the EU, irrespective of the value of the consignment, and product identifiers will become mandatory in customs declarations for relevant low-value e-commerce imports. These measures apply in addition to the temporary €3 customs duty on low-value consignments that has applied since 1 July 2026. In addition, from 1 July 2028, the nUCC will treat either the person supplying goods through a distance sale or the person facilitating that sale (such as an online platform), depending on the arrangements in place, as the "importer for distance sales" in respect of each consignment. The importer for distance sales will be responsible for the obligations of an importer, including providing customs data, paying customs duties and the handling fee, and ensuring that the goods comply with EU product requirements and other requirements enforced by customs. The nUCC also introduces a dedicated penalties regime for operators that breach these obligations, with the most serious infringements attracting fines of up to 6% of the operator’s annual import value in the preceding year, the withdrawal of certain customs facilitations and restrictions on access to online platforms. While the 1 November 2026 measures are the immediate priority, they are only the first stage of much wider structural changes at EU level. Over the coming years, customs compliance will depend increasingly on the quality of the data that businesses supply. With the EU Customs Authority coordinating risk management and the EU Customs Data Hub gradually replacing 27 national systems, that data will be visible and comparable across the whole of the EU. The most immediate impact falls on e-commerce operators, with the handling fee and product identifier responsibilities. Businesses operating high-volume, low-value business-to-consumer models should expect a material increase in landed costs, and those with high return rates will feel this most, as the handling fee is non-refundable. For online platforms and sellers, mapping how these changes affect their operations should therefore be the first key task. Looking further ahead, from 1 July 2028 the “importer for distance sales” regime will place customs liability squarely on whichever of the seller or the facilitating platform acts as importer, rather than on the consumer receiving the products. The reform will reshape customs compliance for all importers. Greater data availability to the EU Customs Authority and national authorities will enable EU-wide risk analysis, making inconsistencies in classification, valuation, and origin considerably easier to detect, and is likely to strengthen the enforcement of trade defence measures, sanctions and other restrictions. While some of these changes are still several years away, early planning is likely to pay off. Businesses should consider who in their supply chain will act as importer, whether their product and transaction data is fit for the new regime, how their broker and customs representative arrangements allocate liability, and whether Trust and Check status may be available to them. For more information see our briefing: EU Customs Reform: new measures applying from 1 November 2026. With thanks to Monika Zejden-Erdmann, James Lindop and Robert Waterson UK: NCSC “state of the cyber nation” report published: cyber security warning for organisationsOn 3 November 2026 the National Cyber Security Centre (NCSC) published The state of the cyber nation, its annual review covering developments between 1 September 2025 and 31 August 2026. Its key message is that the UK's cyber threat is increasing more quickly than organisations' defensive capabilities, with AI making cyber-attacks faster, cheaper and easier to conduct at scale and exposing existing security weaknesses. Whilst AI does not fundamentally change what good cyber security looks like, it increases the urgency of implementing controls and of treating cyber resilience as an organisation-wide governance and supply chain issue. The economic imperative is clear: malicious cyber activity costs UK organisations around £14.7 billion per annum. Key themes running through the report include:
The report is a call to arms to galvanise organisations to review and improve their own cyber hygiene, as well as their arrangements with technology providers and other critical suppliers. Contracting teams should consider whether cyber-security provisions in supply contracts adequately cover minimum security standards, security updates and vulnerability remediation, incident notification and cooperation, access controls, and business continuity and recovery. The Ministerial Foreword to the report indicates that a National Cyber Action Plan will soon be released; we will report on this when it lands. Latest Insights
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