Online reviews can be helpful in making a purchase. The directive also includes additional rules regulating fake reviews.
Latest Innovations
The Dutch Proposal is open for internet consultation until 22 November 2. In this blog we will set out the rules regulating fake reviews in Business to Consumers relationships under Dutch law and the amendments under the Dutch Proposal relating to fake reviews.
A fake review may be said to easily meet these criteria, especially when fake reviews are purchased and published without informing the public of this, which appears to be an existing practice. In such a case, the average consumer has been withheld essential information necessary to take an informed transactional decision, which can be qualified as a so-called misleading omission Article d 1 2 DCC.
i2iResearch’s Methodology
The SMC contains a ban on manipulation of social media communications. Any natural or legal entity can submit a complaint with the Advertising Code Authority. The downside is that these decisions are not binding, but they do enjoy a high degree of authority and are commonly complied with in practice. The Dutch Shanhai may be regarded as a win for consumer protection, but might bring along some practical implications for the industry.
Fake reviews: misleading and unfair?
The Dutch Proposal broadens the category of misleading omissions Article d in conjunction with e DCC and https://amazonia.fiocruz.br/scdp/blog/culture-and-selfaeesteem/hamlet-shakespeare-dramatises-the-tension-between-passion.php includes that when traders provide access to consumer reviews, the consumer should be informed whether and which checks and balances are implemented in order to ensure that reviews are bona fide. Checks could include the technical means to verify the reliability of the person posting a review e.
Additional information should also be provided which includes inter alia:. This information is qualified as essential under the Dutch Proposal. The failure to provide such information or to provide such information in an ambiguous manner and thus, influencing the consumer to make Sahnghai different transactional decision than the consumer may have taken with the information, is deemed to be a misleading omission which is qualified as an unfair commercial practice.
The Dutch Proposal: fake reviews
The Dutch Proposal furthermore extends the already existing blacklist of practices Afe are deemed to be misleading under all circumstances Article g DCC to include:. With regard to the lack of implementation of checks and balances the Dutch legislator furthermore suggests that a nother reasonable and proportionate step is implementing a detection mechanism for suspicious patterns of submitting reviews e.
Steps to be taken to combat and eliminate such practices are inter alia the initiation of further investigation and the removal of such reviews. As stated above, there is an obligation to inform consumers about the implemented checks and such information qualifies as essential information.
Stating that reviews of a product are submitted by consumers who actually used or purchased the product without the aforementioned checks and balances in place therefore qualifies Adavntages a misleading commercial practice see recital 47 Directive Modernization Consumer Protection. The extrapolation of social endorsements may also fall within the ambit of this blacklisted prohibition e. The Dutch Proposal furthermore strengthens the ability of the Dutch supervisory authorities to take enforcement actions against inter alia unfair commercial practices.
Noteworthy is the implementation of a maximum fine What Are The Geographical Advantages Of Shanghai the case of coordinated actions i.]
The theme is interesting, I will take part in discussion.