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Fake reviews — false positives or negatives — constitute inaccurate information and are therefore a prohibited unfair trade practice. The government and Europe have started taking stricter action against them: merchants must verify whether reviews genuinely come from users, are not allowed to post positive reviews themselves, and may not simply remove negative reviews. Violation can result in a fine of at least 4% of turnover.
Reviews carry significant weight in consumer decisions, and review platforms are becoming increasingly popular. Nevertheless, many fake reviews still appear—posted by the company itself or by competitors. This involves false information and therefore constitutes a prohibited unfair trade practice. (These rules, stemming from the European Omnibus Directive, have since entered into force.)
Taking action against negative fake reviews
In a previous blog, we discussed how to deal with fake negative reviews. Taking action is often difficult: reviews are usually anonymous, it is unclear whether they are real or fake, and they are often posted on external sites. It is not uncommon for a court to have to rule before a review site intervenes; the court can order the site to take the review offline and provide the name and address details of the writer, as happened previously with Trustpilot.
Positive fake reviews are also prohibited
Companies also write fake positive reviews themselves to persuade customers — a persistent phenomenon that even governments are said to have engaged in. The cabinet and Europe are cracking down more strictly on such fake reviews. The new rules entail, among other things, that online retailers must verify whether a review genuinely comes from people who used the product, that merchants may not post positive reviews themselves, and may not simply remove negative reviews. It must also be clear in search results whether something involves paid advertising or a paid higher ranking. Violation can result in a fine of at least 4% of turnover — including for review sites.
Consequences for your business
The responsibility shifts to the merchant: you must check and verify the authenticity of reviews. The rules may also affect the terms and conditions and privacy policies that reviewers accept. Align your internal procedures and documents accordingly.
Frequently Asked Questions
Are fake reviews banned?
Yes. Whether they are false positives or negatives, it is incorrect information and therefore a prohibited unfair trade practice, with potentially high fines.
Am I allowed to post positive reviews myself?
No. Merchants are not allowed to post their own (fake) reviews, nor are they allowed to selectively remove only negative reviews.
Should I check reviews for authenticity?
Yes. You must verify whether reviews actually come from people who have used the product. The responsibility lies with the retailer.
Advice on reviews and trading practices
The legal experts at MKB Juristen help you bring your review policy, terms and conditions, and procedures into line with the rules. View our expertise in marketing and advertising law or schedule a free consultation .
