On 9 March 2026, the Competition and Markets Authority (CMA) published a guidance on complying with consumer law when using AI agents. The guidance is intended for businesses that use AI agents to handle customer queries, process refunds, recommend products and manage marketing campaigns, among other activities. The guidance states that consumer law applies equally whether customers interact with a person or an AI agent, and that businesses are responsible for the conduct of AI agents in the same way as they are for their employees. This responsibility extends even when a third party designs or supplies the system. Businesses should avoid misleading consumers into believing they are interacting with a person, as this could influence their decisions. It states that businesses should train AI agents to respect the statutory rights set out in the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, avoid making misleading statements and obtain the necessary consents. The guidance also refers to obligations under the Digital Markets, Competition and Consumers Act 2024. Businesses should monitor the performance of their AI agents, maintain human oversight to address hallucinations and errors, and act quickly to correct non-compliant outcomes. Breaches of consumer protection law may result in enforcement action and fines of up to 10% of worldwide turnover.
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