ABSTRACT
Subscription contracts are used widely, particularly in the digital economy. Nevertheless, there are significant concerns about the way in which consumers are often tricked into concluding a subscription contract, particularly through free trials or introductory offers; automatic renewals without reminders or an opportunity to terminate the contract; and confusing arrangements for terminating a subscription contract. Whilst the Unfair Contract Terms Directive can be deployed to challenge some aspects of these problems, with additional support from the Consumer Rights Directive and Unfair Commercial Practices Directive, there remain some aspects which require further legislative action. The EU has concluded that such action is needed in light of its Digital Fairness Fitness Check, and the UK has already legislated for the introduction of several new requirements regarding subscription contracts. These developments are all discussed in this chapter.
Twigg-Flesner, Christian, Subscription Contracts – Unfair Terms Control or Direct Action? (September 15, 2025). Forthcoming paper in S Camara Lapuente, Clausulas abusivas en los contratos de servicios digitales.
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