Commentary on Sections What are the general rules about fairness of contract terms and notices? Section 68: Requirement for transparency
328.Whilst previous sections explain that a term in a consumer contract or a consumer notice must be fair, and how that is determined, this section states that, in addition, written terms and written notices must be transparent (defined as legible and in plain and intelligible language). The trader has an obligation to ensure that such terms are transparent.
329.This requirement, like others in this Act, may be enforced by public bodies under the relevant provisions, including under Part 8 of the EA, if the conditions in that Act are met (for example, if the term harms the collective interest of consumers). It may also be enforced under Schedule 3.
330.This section reflects regulation 7(1) of the UTCCRs, which implements Article 5 of the UTCCD.