Contract management

Outsourcing is an arrangement under which an organisation contracts with a service provider to perform services that the organisation currently performs in-house or which are performed by an existing third party supplier. The outsourcing provider will instead provide those services using their own personnel and, often, facilities. Outsourcing agreements are often long term and as a result require careful management throughout the term. This might include addressing poor supplier performance through a service credit regime, dealing with disputes and implementing contract variations through a formal change control mechanism.

The outsourcing topic is divided into four subtopics, each covering a specific phase of an outsourcing transaction as follows:

  1. Preliminary issues—issues for consideration in the early stages of a transaction, from initial planning through to bidder selection. See: Preliminary issues in outsourcing—overview

  2. Outsourcing agreements—precedents and detailed guidance on the key issues to consider when drafting and negotiating an outsourcing agreement. See: Outsourcing agreements—overview

  3. Contract management in outsourcing—issues arising after the date of signature including governance, change and disputes. See below

  4. Outsourcing by type and sector—specific guidance on certain types of transaction including public sector, financial

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CMA speech outlines consumer protection progress under DMCCA 2024 consumer regime

The Competition and Markets Authority (CMA) has published a speech by its Acting Executive Director for Consumer Protection, Emma Cochrane, outlining the CMA’s progress and future priorities under the consumer protection provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). The speech reflects on the first ten months of the regime, which came into force in April 2025. Cochrane describes the DMCCA 2024 as marking a ‘genuine shift’ in UK consumer enforcement, noting that, for the first time, the CMA can decide whether consumer protection laws have been infringed, rather than having to litigate through the courts, and can issue penalties directly where breaches are found. She says the CMA’s approach to exercising these powers is guided by its ‘4Ps’ principles: pace, predictability, proportionality and process. She also highlights the CMA’s publication of updated guidance and engagement with businesses to support compliance under the new regime, and points to the new banned practices relating to fake reviews introduced by the DMCCA 2024. Looking ahead, she says further enforcement action can be expected, particularly in areas of essential household spend and in relation to fake reviews, unfair contract terms and drip pricing where businesses fail to change their behaviour. She concludes that the CMA is beginning to see the deterrent effect of the new regime, with businesses investing in training and reviewing practices, and says the CMA will continue to use its new powers ‘thoughtfully, strategically and effectively’ to protect consumers and support compliant businesses.

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