The Digital Markets, Competition, and Consumers Act (DMCC Act), passed in May 2024, comes into force this autumn – and it’s all about making sure businesses (including universities) are crystal-clear and accurate in how they market themselves and make changes to what’s been promised.
Why it matters
Before, if a student claimed a university’s marketing or fee information was misleading, the burden was on the student to prove it influenced their decision. No more. Under the new Act, if critical information (like specific module availability or hidden costs) is left out, that omission alone can be deemed unfair – there will be no need to show it changed someone’s mind.
The Act also takes a tougher stance on misleading actions, so universities can’t rely on vague language or disclaimers about fees, modules, or staffing changes to protect themselves. Also, aggressive practices – such as pressuring or intimidating students into hasty decisions – are explicitly called out, especially where vulnerable individuals are involved. These all raise the risk of severe penalties if undue influence is detected. In addition, agents must make any commercial relationships crystal clear, and cherry-picking only positive reviews or suppressing criticism will be off-limits.
All in all, universities will need to be far more transparent at every stage – because simply neglecting to mention something, even if unintentional, can lead to serious regulatory trouble under the new regime.
Consultation gap
Universities have expressed concerns about not being adequately consulted on the DMCC Act. While the Competition and Markets Authority (CMA) and the Advertising Standards Authority (ASA) have been running consultations on its details and enforcement powers, it seems that higher education providers have not had significant input. This lack of consultation is concerning because the Act has implications for universities, especially in terms of how they promote and sell courses, handle international and domestic agent activities, and implement changes due to budget cuts. This could all lead to challenges in compliance and enforcement once the Act comes into force.
What universities can do?
- Auditing: Review marketing materials (prospectuses, websites, social media) to spot and fix any “critical information” gaps.
- Course changes: Be very clear if budgets or even staffing reductions threaten modules – be upfront about these changes.
- Agents: Ensure any commission-based relationships are clear to prospective students.
- Compliance: It’s never too early to start planning and developing strategies to meet the Act’s transparency and fairness requirements.
At Hunterlodge, we can help refine your marketing to be both persuasive and compliant, while creating transparent strategies for fees, course content, and any changes you may need.
Get in touch today: kim.mclellan@hunterlodge.co.uk
