Consumer Duty Cross Cutting Rules Explained | Skillcast

Cross-cutting rules are central to the Consumer Duty framework. We explain what cross-cutting rules are, why they matter, and how they support consumer protection.

The FCA's Consumer Duty is a significant shift in the UK's regulatory framework aimed at improving consumer outcomes in the financial services industry. 

Cross-cutting rules act as overarching principles to follow when delivering products and services to consumers since they set a higher standard of care and accountability for financial firms. These cross-cutting rules outline how businesses should act to ensure fair treatment and protect the interests of their customers.

What is the FCA Consumer Duty?

Consumer Duty is part of the FCA’s broader strategy to enhance consumer protection by placing a greater emphasis on customer outcomes and holding firms accountable for their actions. The Duty consists of three core components:

• The consumer principle: This principle states that firms must act to deliver good outcomes for retail customers.
• Cross-cutting rules: These provide overarching guidance on how firms should behave when interacting with customers.
• Four outcomes: These outcomes focus on product and service design, consumer understanding, price and value, and customer support.

What are the Consumer Duty cross-cutting rules?

The Consumer Duty cross-cutting rules set out the behavioural standards that firms must follow in all their dealings with consumers. These rules ensure that organisations go beyond basic compliance and focus on the best interests of their customers. The three cross-cutting rules are:

1. Acting in good faith

Firms must act in a way that demonstrates honesty, integrity, and transparency. This means providing clear and accurate information, being upfront about risks, and ensuring that customers are not misled at any stage.

2. Avoiding foreseeable harm

Organisations should proactively identify and mitigate potential risks that could cause harm to customers. This involves assessing the impact of products and services, understanding customer vulnerabilities, and implementing measures to prevent negative outcomes.

3. Enabling and supporting customers to pursue their financial objectives

Firms should empower customers to make informed decisions and achieve their financial goals by offering appropriate support, guidance, and tools.

These cross-cutting rules are designed to elevate the standard of care and ensure that firms put consumer needs at the centre of their operations.

Acting in good faith: what does that mean?

The first of the cross-cutting rules - acting in good faith - is more than just avoiding deception or dishonesty. It means that firms should operate with integrity, fairness, and transparency in all of their interactions with customers. This involves:

• Clear communication - Providing information that is accurate, straightforward, and easy to understand without hidden terms or jargon.
• Transparency - Ensuring that customers have a full picture of what they are buying, including potential risks and benefits.
• Honesty and integrity - Building trust by treating customers fairly and consistently

Why are cross-cutting rules important for consumer protection?

Consumer protection is at the core of the FCA's Consumer Duty. The cross-cutting rules ensure that organisations consistently focus on delivering positive outcomes and preventing harm. By acting in good faith, avoiding foreseeable harm, and supporting customers to meet their financial objectives, firms contribute to a safer, fairer financial market where consumers are empowered to make informed decisions.

How to implement the Consumer Duty cross-cutting rules

To comply with the Consumer Duty cross-cutting rules, firms must embed these principles into their day-to-day operations. Here are some best practices to follow:

• Conduct regular compliance reviews
  Assess whether your current processes, products, and services align with the cross-cutting rules. Identify areas for improvement and make adjustments where necessary.
• Train your team on Consumer Duty
  Ensure that all staff members, from senior management to frontline employees, understand the requirements of the cross-cutting rules and how they apply to their roles.
• Implement strong governance frameworks
  Establish governance structures that support the implementation of the cross-cutting rules, with clear accountability and oversight.
• Monitor customer outcomes
  Regularly evaluate whether your customers are achieving positive outcomes and make changes where needed to avoid foreseeable harm.
• Maintain transparency in customer communications:
  Review all customer communications to ensure that they are clear, transparent, and in line with the principle of acting in good faith.

Consequences of non-compliance with cross-cutting rules

Failure to comply with the Consumer Duty cross-cutting rules can result in severe consequences, including:

Regulatory sanctions
The FCA has the authority to impose sanctions, fines, and restrictions on firms that fail to comply with the Consumer Duty.

Reputational damage
Non-compliance can harm an organisation's reputation and damage consumer trust, impacting the firm’s long-term success.

Customer detriment
Poor outcomes for customers can lead to complaints, negative reviews, and loss of business.

The Consumer Duty cross-cutting rules represent a higher standard of care for firms operating in the UK financial services sector. By acting in good faith, avoiding foreseeable harm, and supporting customers in pursuing their financial objectives, firms can contribute to protecting consumers and building a stronger, fairer financial market.

Implementing these principles is not just about regulatory compliance—it's about fostering trust and delivering genuine value to consumers. Explore our Consumer Duty training courses to learn more about how we can help your organisation implement and comply with the cross-cutting rules.

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