Legal Affairs

New regulations regarding from-prices

Since the tightening of the rules, strict requirements apply to 'from' prices. In the event of a price reduction, you must use the lowest price you found in a period of thirty days prior to the discount as a reference (the 'from' price)...

Published on June 9, 2022 by MKBjuristen.nl
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Since the tightening of the rules, strict requirements apply to 'from' prices. In the event of a price reduction, you must use the lowest price you applied in a period of thirty days prior to the discount as the reference (the 'from' price). This prevents misleading discounts.

Why these rules?

From-prices show the consumer the savings at a glance and boost sales. However, they were also abused: by artificially raising the 'from' price shortly before the promotion, the discount appeared larger than it actually was. The tightened rules put an end to this.

The thirty-day rule

If you announce a price reduction, you must state the lowest price you applied in the thirty days prior to the discount. That lowest price serves as the reference. You may therefore not display a higher 'from' price that you briefly set just before the promotion. This ensures the consumer sees the actual saving.

Where does it apply?

The rule applies broadly to announcements of price reductions, both in physical stores and online. Separate rules may apply to certain situations, such as gradually increasing discounts or perishable products. Align your discount communication accordingly.

The consequences of the violation

If you do not comply with the rules, your discount may be considered misleading. The regulator (ACM) can impose fines, and consumers or competitors may take action against you. Correct "from" prices are therefore not only proper but also in your own interest.

Frequently Asked Questions

Which price should I display as the 'from' price?

The lowest price you applied in the thirty days prior to the discount. A higher price set shortly beforehand is not permitted.

Does this also apply online?

Yes, the rules apply to announcements of price reductions in physical stores and online.

What risks do I run with a misleading discount?

Action by the ACM involving fines, and claims from consumers or competitors.

Are your discount promotions legally correct?

Our legal experts review your pricing communication and webshop. View our marketing and advertising lawteam, have a legal scan performed, or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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