The Prohibition on Fake Reviews in Amsterdam
The fake reviews ban is a key element of Dutch consumer law, protecting Amsterdam residents from misleading reviews on online platforms. Webshops and websites may not post, alter, or manipulate fake or edited ratings, ensuring you get reliable information when shopping online as an Amsterdam resident. This rule has been in effect since 2022, helping you make safe purchases in this vibrant city.
Legal Basis of the Fake Reviews Ban
The ban is enshrined in the Dutch Civil Code (DCC), Title 3.5.9, Articles 6:236o to 6:236r. It stems from the European Omnibus Directive (EU 2019/2161), effective since May 28, 2022. It strengthens the Unfair Commercial Practices Act with strict rules on reviews. The Authority for Consumers & Markets (ACM) oversees compliance and imposes fines up to €900,000 or 10% of turnover. Common violations in Amsterdam:
- Fake reviews paid for by local traders.
- Manipulation, such as deleting criticism of Amsterdam hotels.
- Incentives for reviews without clear disclosure.
Platforms like Booking.com or Bol.com must verify authenticity and indicate this, particularly relevant for tourist reviews in Amsterdam.
What Exactly Are Fake Reviews?
Fake reviews are inauthentic opinions without genuine experience, often used for astroturfing to fake popularity. Article 6:236o DCC defines:
- Fake reviews: Fabricated stories.
- Manipulated: Altered genuine ratings.
- Unlinked: Without proof of purchase.
Amsterdam example: A canal boat company hires writers for top scores. This is punishable, even if positive.
Comparison: Genuine vs. Fake Reviews
| Feature | Genuine Review | Fake Review |
|---|---|---|
| Source | Real Amsterdam resident/buyer | Paid party/third party |
| Details | Specific ("slow delivery in De Pijp") | Vague ("awesome!") |
| Verification | Via order or address | Unverifiable |
| Purpose | Inform/help others | Boost sales |
Rights and Obligations Regarding Fake Reviews
Rights of Amsterdam Residents
You deserve honest information. In case of deception:
- Terminate the purchase (Art. 6:236 DCC).
- Claim damages at the Amsterdam District Court.
- Report to ACM, the platform, or Juridisch Loket Amsterdam.
Example: Fake 5-star rating for an Amsterdam webshop vacuum cleaner? Hold the seller accountable.
Obligations of Businesses and Platforms
Traders may not interfere (Art. 6:236p DCC). Platforms must:
- Implement a detection system for fakes.
- Publish their methods transparently.
- Display a warning: "Reviews only from verified buyers".
Fines follow, such as €475,000 in 2023.
Practical Examples from Amsterdam
In 2023, the ACM investigated Amsterdam hotels on Booking.com for fake reviews. A Jordaan restaurant was fined for employee reviews. Sites like Kieskeurig.nl now use order verification, convenient for local shoppers.
Example: A Canal Belt shop deleted negative scores, resulting in a penalty payment.
Frequently Asked Questions on the Fake Reviews Ban
Is a discount for a review always fake?
No, if clearly disclosed (Art. 6:236q DCC). Otherwise, it's misleading.
Spotted a fake review? What to do?
Report to the platform, shop, ACM (acm.nl), and Juridisch Loket Amsterdam. Save screenshots for the Disputes Committee or Amsterdam District Court.
Can I sue in Amsterdam?
Yes, at the Amsterdam District Court for termination/damages. Start with Juridisch Loket Amsterdam for advice.
Does it apply to social media?
Yes, for commercial purposes. Influencers: #ad required.
Tips for Amsterdam Residents
Avoid fakes:
- Check verified badges.
- Read old/low scores.
- Choose order-verified sites like Bol.com.
- Suspicious perfection? Skip it.
Businesses: Build compliance, check ACM Guidelines. For help: Municipality of Amsterdam or Juridisch Loket.