Improving consumer comprehension of contractual terms

CCS RM6004 Behavioural Insights Framework

The issues with low readership and comprehension of contractual terms and privacy notices

The fact that very few consumers read terms and conditions is well evidenced and widely acknowledged. Just 33% of consumers claim they usually read website terms; websites' server data suggest that only 1% actually do.1 Studies asking consumers about terms immediately after a purchase find only a third understand many of the basic terms.2

Evidence also shows that low levels of readership and comprehension expose consumers to detriment. One in ten consumers has experienced regret in the past 12 months for not reading the terms and conditions.3

Two thirds of all UK businesses sell directly to consumers and just over half of these businesses have had a dispute with their customers over their terms and conditions.4 One in ten businesses facing such a dispute needed to go to court to resolve it.

BEIS observes in practice and through conversations with businesses that many businesses aspire to communicate terms clearly. However, there is currently no clear evidence or guidance on what forms of presentation are effective. This study will provide a solid evidence base for 'role model' firms, and can be used to inform industry codes of practice and/or any potential future regulation.