The Ban on Fake Reviews in Rotterdam
The ban on fake reviews is crucial in Dutch consumer law and protects Rotterdam residents against misleading reviews on online platforms. Businesses and websites may not post or encourage fake or manipulated reviews, ensuring you as a Rotterdam resident get reliable information when shopping. This rule has been in place since 2022, introduced to prevent fraud in purchases in the vibrant port city.
Legal Basis of the Fake Reviews Ban
The ban is laid down in the Civil Code (CC), Title 3.5.9, articles 6:236o to 6:236r CC. This implements the European Omnibus Directive (EU 2019/2161), effective in the Netherlands since 28 May 2022. It strengthens the Unfair Commercial Practices Act with strict rules for reviews. The Authority for Consumers & Markets (ACM) supervises enforcement and imposes fines up to €900,000 or 10% of turnover. Typical violations in Rotterdam include:
- False reviews paid for by local traders to third parties.
- Manipulation, such as deleting criticism on Rotterdam webshops.
- Rewards for reviews without clear disclosure.
Platforms like Bol.com or local Rotterdam sites must verify authenticity and indicate this.
What Exactly Are Fake Reviews?
Fake reviews are inauthentic opinions without genuine experience, often used for astroturfing to fake popularity. Art. 6:236o CC defines:
- False reviews: Pure fabrications.
- Manipulated: Altered genuine reviews.
- Unlinked: Without proof of purchase.
Example from Rotterdam: A webshop from the Maas city hires freelancers for top scores on products. This is punishable, even if positive.
Comparison: Genuine vs. Fake Reviews
| Feature | Genuine Review | Fake Review |
|---|---|---|
| Source | Genuine Rotterdam buyer | Paid party or stranger |
| Details | Specific ("delayed delivery in the port") | Vague praise ("great stuff!") |
| Verification | Via order number | Unverifiable |
| Purpose | Help or warn | Boost sales |
Rights and Obligations Regarding Fake Reviews
Rights of Rotterdam Residents
You deserve honest information. In case of deception, you can:
- Terminate the purchase (art. 6:236 CC).
- Claim damages.
- Report to ACM, the platform, or Rotterdam Legal Advice Office.
Example: You buy a gadget based on fake 5-star reviews; if fake, sue the shop at Rotterdam District Court.
Obligations of Businesses and Platforms
Traders may not publish fakes (art. 6:236p CC). Platforms must:
- Implement detection and removal systems.
- Publish methods for displaying reviews.
- Display a statement: "Reviews only from genuine Rotterdam buyers".
Fines follow, such as the €475,000 ACM sanction in 2023.
Practical Examples from Rotterdam
In 2023, the ACM investigated Rotterdam webshops after fake hotel reviews on Booking.com. A local restaurant chain along the Maas was fined for employee reviews. Platforms like Kieskeurig.nl now use order checks, relevant for the Rotterdam market.
Example: An electronics store in the city deleted low scores; this led to a penalty payment for manipulation.
Frequently Asked Questions on the Fake Reviews Ban
Is a review for a discount always fake?
No, if clearly disclosed (art. 6:236q CC). Otherwise misleading; purely voluntary is best.
Spotted a fake review? Next steps?
Report to the platform, shop, ACM (acm.nl), and Rotterdam Legal Advice Office. Keep screenshots for the Disputes Committee or Rotterdam District Court.
Can I sue a Rotterdam company?
Yes, at Rotterdam District Court for termination and damages. Start at Rotterdam Legal Advice Office for advice or mediation.
Does it apply to social media?
Yes, for commercial posts. Influencers must show #ad.
Tips and Recommendations for Rotterdam Residents
Avoid fakes:
- Check verified reviews (checkmark).
- Read older ones, sort low-to-high.
- Choose sites with order verification, e.g., Bol.com.
- Suspicious 100% perfection? Be wary.
Businesses: Build compliance, train your team. Check the ACM Guidance on Unfair Commercial Practices or Rotterdam Municipality for local tips. Consult Rotterdam Legal Advice Office if in doubt.
### Arslan & Arslan Advocaten **Arslan & Arslan Advocaten** provides professional legal guidance and support for your legal matters. - Website: [www.arslan.nl](https://arslan.nl) - Email: [info@arslan.nl](mailto:info@arslan.nl) - Free initial consultation