Retail Snapshot Q4 – 2025
Monday 29th September 2025
Welcome to our latest Retail Snapshot
A summary key legal and regulatory developments impacting affecting retail businesses in Q4 2025.
What’s happening in Q4:
- CMA enforce consumer review policy requirement
- Data (Use and Access Act) 2025
- Failure to prevent fraud becomes an offence
- Food high in fat, salt or sugar (HFSS) advertising ban is delayed
- EPC reform consultation due to come in 2026
- Ban on upward only rent reviews in commercial leases proposed.
Scroll down for more detail…
CMA enforce consumer review policy requirement
Since September, the Competition and Markets Authority (CMA) have been looking to hand down penalties to businesses (of up to 10% of global turnover) who do not have a compliant, publicly available and implemented consumer review policy.
Businesses that publish customer reviews should take steps to ensure they have available policies outlining how they prohibit fake reviews and their approach to incentivised reviews.
Failure to prevent fraud
On 1 September, the Economic Crime and Corporate Transparency Act 2023 introduced a new offence for failure to prevent fraud.
Organisations must demonstrate that they have reasonable policies and procedures in place to prevent fraud, or risk liability.
HFSS advertising ban
Foods high in fat, salt or sugar (HFSS) – as per the Government’s ‘Nutrient Profiling Technical Guidance’ – will be banned from being advertised on TV, on-demand and online between 5.30am and 9pm.
The enforcement of this ban has been delayed until January 2026.
Retailers should review their advertising arrangements with broadcasting, media and social media platforms to ensure they do not fall foul of this new secondary legislation.
Data (Use and Access) Act 2025
The Data (Use and Access) Act (DUAA) came into force in June this year which amends and supplements the UK GDPR and Data Protection Act. While the Act is now in force, it is expected that the law will be implemented through secondary legislation over the next 6-12 months.
Changes relevant to retailers we expect to be introduced as part of this include a relaxation around the use of analytics cookies, clarity on organisations’ DSAR obligations, and clarity around recognised legitimate interests.
For a full deep-dive into the changes, please click here.
EPC reform consultation
Energy Performance Certificates (EPCs) are under review, with new metrics proposed to better reflect building efficiency.
The Government is consulting on reforms to the Energy Performance of Buildings regime, aiming to replace outdated EPC metrics with more nuanced indicators such as fabric performance, heating systems, and smart readiness. These changes are intended to improve transparency and usability for landlords, tenants, and lenders.
The consultation closed in February, with implementation expected in late 2026. Retail landlords should begin reviewing their portfolios and budgeting for potential upgrades to meet future compliance standards.
Ban on upward-only rent reviews
The English Devolution and Community Empowerment Bill proposes banning upward-only rent reviews in commercial leases.
Currently going through the second reading stage in Parliament, the proposed ban aims to improve fairness and affordability in commercial leasing. If enacted, landlords will no longer be able to restrict rent reviews to upward-only adjustments.
Retail property owners should prepare to revise lease templates and financial models to accommodate more flexible rent review clauses.
If you would like to discuss any of these changes in more detail, please get in touch with one of our retail specialists.
