Commercial practices are considered unfair if they run "contrary to the requirements of professional diligence and materially distorts or is likely to materially distort the economic behaviour with regard to the product of the average consumer whom it reaches or to whom it is addressed, or of the average member of the group when a commercial practice is directed to a particular group of consumers. " (Section 20(2) of the Consumer Code).

Two different types of unfair commercial practices have been distinguished. One concerns "misleading practices," which may involve " misleading actions" or " misleading omissions." Actions or omissions are considered misleading to the extent that they induce average consumers to make decisions they would not have made otherwise. "Aggressive practices," alternatively, are practices that employ harassment, coercion or other undue forms of influence to pressure the average consumer into making commercial decisions they would not have made otherwise.

The new set of rules also identifies commercial practices which are in all circumstances considered misleading or aggressive and no additional burden of proof is necessary to demonstrate their capacity to misguide consumer choices.