The legal assessment of (false) reviews

Earlier we wrote that as a consumer you are not allowed to post false reviews. Now the subject is use of (false) reviews by a trader. At the moment it is not literally stated in the law that traders are not allowed to post false reviews, but under certain circumstances this can be misleading. The recently adopted Directive 2019/2161 will change this principle. The directive literally states that traders are not allowed to post false reviews.

The Directive must be implemented by 28 May 2022. There is already a draft legislative proposal in place which includes a ban on the posting of false reviews, such as 'likes'. The draft legislative proposal also prohibits traders from manipulating consumer ratings by, for example, only posting positive ratings and removing the negative ones.

In addition, traders will have an additional duty to inform consumers. A trader will have to inform the consumer whether, and if so how, he checks whether reviews come from consumers who have actually used or bought the product. Traders must therefore take sufficient steps to be able to guarantee the authenticity of an assessment.

Using consumer reviews? Then take these rules into account. If you don’t, the consumer may destroy the sales agreement and you may be held liable for the damage suffered. Additionally, a fine from the Netherlands Authority for Consumers & Markets if you do not comply with the legislation is risked.

Myrna Teeuw