If so, then here are some reasons why you should consider whether and how UK consumer law applies to those activities.
The reach of UK consumer law can catch the overseas activities of a UK university - for example, an overseas campus or its delivery globally of online courses. Whether UK consumer law applies will depend on the specific overseas activity in question, and how the overseas arrangement is set up and, importantly, communicated to students.
Just because the activity itself takes place overseas does not, of itself, mean that UK consumer law does not apply.
By way of illustration, potential indicators of the application of UK consumer law to a UK university’s marketing of its overseas activities (eg via its website or in a prospectus) may include where the website has a UK address (ie a domain name such as one that ends .co.uk or .ac.uk) or where course fees are advertised in pounds sterling. Use of English language to promote the overseas activity could also contribute to the overall impression that the marketing is within the scope of UK consumer law, although it may not be enough of itself if all other indications suggest the website or other content is aimed solely at an international audience for study overseas.
Here are some further considerations to address, at the outset and on an ongoing basis, in order to identify whether, and (if so) how, UK consumer law may apply to the overseas arrangements in question.
Consideration one: marketing of the overseas activities
A UK university intending to engage in overseas activities should consider whether its marketing of the activities is likely to engage UK consumer law.
For example, student-facing information about the overseas activity may be subject to the unfair commercial practice provisions contained in the Digital Markets, Competition and Consumers Act 2024 (the DMCCA) which has replaced the Consumer Protection from Unfair Trading Regulations 2008. This could include information (written or verbal) provided by or on behalf of the university which is designed to attract UK students to study at an overseas campus, or which constitutes important information (or “material information”) that the average prospective or current UK student needs to decide whether to enter into a contract which may involve study at the overseas campus or to take a decision during their studies there. It could cover student-facing information provided on the university’s UK website or in its UK published prospectuses or things said by or on its behalf at its UK open days.
Failure by the university to provide accurate and timely information (or failure to notify students of subsequent changes to such information) may result in misleading omission or misleading action by the university under the DMCCA. This could prompt complaint and/or legal challenge by students in addition to regulatory scrutiny from the Office for Students (OfS), the Competition & Markets Authority and/or the Advertising Standards Authority.
Identifying at the outset and on an ongoing basis whether, and (if so) how, the marketing of the overseas activities may be caught by the DMCCA will support the university’s legal and regulatory consumer -related compliance.
Consideration two: contract considerations
Identifying at the outset whether, and (if so) how, the overseas activities may be caught by consumer law will assist a UK university to address whether specific provisions should be included in the contracts with its collaborative partners and/or in the contracts with students.
For example, it may be appropriate to include specific clauses in a joint venture agreement which articulate specific responsibilities on the collaborative parties (eg in respect of the provision of information to students or affording students access to fair complaints processes and rights of redress), where such clauses align with relevant rights of termination of the joint venture agreement and obligations in respect of the protection of students’ interests (eg teach out provisions) in the event of breach by a collaborative partner of its contractual obligations under the JV agreement.
Further, whilst a UK university will be very familiar with the requirements of UK consumer law when contracting with students to study in the UK, it should similarly be mindful of consumer law where it contracts with overseas students to study at its overseas campus or online (where overseas students contract as consumers and the contract is subject to English law). Applicable UK consumer law may include not only the information provisions of the DMCCA but also the pre-contract and cancellation requirements of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the provisions of the Consumer Rights Act 2015 (CRA) (eg in respect of providing contractual services with reasonable care and skill and the fairness of contract terms and notices).
Careful thought should also be given to the protection of students’ interests in the event of potential contract changes (eg to course modules or delivery modes) or to course or campus closure. This will assist the university to ensure that students are afforded their consumer law rights, including (as relevant) to re-performance or refund under the CRA.
Consideration three: OfS regulatory requirements
English higher education providers registered with the OfS should also be mindful of the suite of OfS “C” conditions of registration in respect of student protection, including consumer protection law. Whilst not the focus of this article, providers should consider how those regulatory requirements apply to their overseas arrangements and the protection of students, notwithstanding that the provider may not have a contractual relationship with the students.
Providers considering an application for OfS registration should note the OfS’s proposal to introduce a new initial condition of registration (C5 – Treating students fairly) to replace initial condition C1 (Guidance on consumer protection law) for new registrants. The OfS consultation on the proposal has closed for responses. The OfS aims to publish its decision and reopen for new registration applications in August 2025.
A further consideration: the European Accessibility Act 2019
It's also worth considering at an early stage whether other legislation protecting certain students might apply to the overseas arrangements. For example, the EU's European Accessibility Act (EEA) has recently come into force which will require certain adjustments to be made in relation to in-scope university activities for EU students. These will have some overlap with adjustments made under the UK Equality Act 2010 but the EU legislation is more prescriptive and, therefore, additional adjustments are likely to be needed. Any university setting up a new campus or similar in the EU will likely not benefit from the transitional provisions so full compliance with the EEA will be required.
If you require advice on any aspect of consumer law compliance, please contact Siân Jones-Davies, Katrina Anderson or Kate Allan.
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