Misleading Commercial Practices in Amsterdam

Misleading Commercial Practices in Amsterdam

Misleading commercial practices are actions by businesses in Amsterdam that intentionally or unintentionally mislead residents about products or services. This includes false promises about quality, price, or origin – prohibited under Dutch consumer law. As an Amsterdam resident, you have strong remedies, such as terminating the purchase agreement via the District Court of Amsterdam.

What do misleading commercial practices look like in practice?

In Amsterdam, misleading commercial practices fall under unfair commercial practices. They deceive the average consumer – a reasonably alert Amsterdam resident – with incorrect information about key product features. This can arise from false facts, omissions, or suggestions of non-existent benefits.

Two main types:

• Misleading actions: False advertising, such as an Amsterdam shop claiming '100% organic' without certification.
• Misleading omissions: Failing to disclose that a deal at the Albert Cuyp market is valid for only one day.

The overall impression on the consumer matters. Minor white lies are fine, but deception about essential aspects like price, ingredients, sustainability, or rights is not.

Legal basis for Amsterdam residents

The law is found in Dutch Civil Code Book 6, Title 3, Section 2 (arts. 6:193a to 6:193f DCC), based on EU Directive 2005/29/EC. Key articles:

• Art. 6:193a DCC: Misrepresentation of factual characteristics.
• Art. 6:193b DCC: Deception through overall impression, including in advertising.
• Art. 6:193c DCC: 31 prohibited practices, such as fake scarcity ('last one in Amsterdam!') or paid reviews.
• Art. 6:194 DCC: Aggressive practices, related.

The Authority for Consumers & Markets (ACM) enforces with fines up to €900,000 or 10% of turnover. In Amsterdam, you can also report to the Municipality of Amsterdam for local markets and pursue civil claims at the District Court of Amsterdam.

Examples from the Amsterdam context

You buy 'natural' shampoo at the Jordaan market, but it's full of chemicals: misleading about ingredients (art. 6:193a(1)(a) DCC). Or a webshop promises 'free delivery in Amsterdam' but charges €10 extra.

Typical cases in the city:

• A supermarket in Oost claims '50% off' from an inflated price.
• A dealer at Auto Amsterdam Noord calls a used car 'like new' despite high mileage.
• Fake reviews on platforms for local hospitality.

Comparison: Misleading vs. Aggressive in Amsterdam

Your rights as an Amsterdam consumer

Victim? You can:

1. Terminate the purchase (art. 6:193j DCC) and get your money back.
2. Claim damages for additional costs.
3. Approach the Disputes Committee, Amsterdam Legal Aid Office for advice, or the District Court of Amsterdam.
4. Report to ACM or Municipality of Amsterdam.

Time limit: three years from discovery.

Obligations for Amsterdam businesses

Businesses must be transparent:

• Provide all information upfront.
• Verify reviews and remove fakes.
• Show prices including VAT and fees (art. 6:123 DCC).

Violators face fines, lawsuits, and reputational damage.

Enforcement and consequences

ACM issues fines, such as €150,000 to an Amsterdam webshop in 2023 for fake deals. The Consumers' Association launches campaigns. Amsterdam residents often succeed at the District Court with evidence.

FAQs for Amsterdam residents

Tips for Amsterdam residents

Avoid issues:

• Check labels like Thuiswinkel Keurmerk or Webshop Keurmerk.
• Use the Amsterdam Legal Aid Office for free checks.
• Read reviews critically and compare prices via local apps.
• If in doubt: report to Municipality of Amsterdam or ACM.