Part 4: Consumer rights and disputes Prohibition of unfair commercial practices Section 229: Contravention of the requirements of professional diligence
This section defines commercial practices that contravene the requirements of professional diligence. It sets an objective standard, determined in light of what is reasonable reflecting what traders ought to do, measured by reference to honest market practice or the principle of good faith in the trader’s field of practice.
	For a commercial practice to contravene the requirements of professional diligence, it must meet two conditions: first, the practice falls below the standard of skill and care which a trader may reasonably be expected to exercise towards consumers, and second, it is likely to cause the average consumer to take a transactional decision they would not otherwise have taken.
	"Honest market practice" means no more than the market practices of reasonable and honest traders in the field of activity. However, poor practice that may be widespread in a particular industry or sector does not equate to an acceptable objective standard. Considerations of honest market practices and good faith also involve looking at whether the legitimate interests or expectations of the average consumer in the particular sector have been taken into account by a trader (see for example C‑310/15 Vincent Deroo-Blanquart v Sony Europe Limited at paragraph 34).
	"Good faith" means one of fair and open dealing. For example, a trader should not take advantage of the consumer’s lack of experience or unfamiliarity with a product. "Standard of skill and care" is not intended to convey or require more than would be reasonably expected of a trader in their field of activity.