Help, a negative review! What now?

You may not simply remove a negative review — that is only permitted if the review is demonstrably fake or unlawful. Furthermore, since the European consumer rules of 28 May 2022, you have an obligation to provide information regarding how you handle reviews and an obligation to make every effort to prevent false reviews. Below, you can read how to recognize fake reviews, when you can take action against a review, and how to turn criticism into something positive.

What is and isn't allowed with reviews?

Since May 28, 2022, European rules for online sales have been in effect that also have implications for reviews. Briefly summarized:

• You have an obligation to provide information on how you handle reviews;
• You have a duty of care to prevent fake reviews;
• You may not simply remove negative reviews — only if they are demonstrably fake.

The basic principle is that negative reviews are permitted. By reading both positive and negative reviews, a potential customer gains an objective picture of what to expect from your product or service.

How do you recognize a fake review?

a fake review is not easy, but you can look out for various signs:

• the identity of the reviewer — is the name in your customer database?
• the IP address of the reviewer;
• many negative reviews in a short time;
• the same text that also appears on other sites.

Think carefully in advance about how you distinguish fake from real and document this in a review policy on your site. In it, you explain how you screen reviews. You do not have to post reviews immediately: you may moderate them first. Indicate this in the policy and explain how and how quickly you moderate.

Taking action against unlawful reviews

A review can be genuine — the reviewer actually purchased the product — yet still unlawful, for example because incorrect facts are stated. In that case too, you can take action against the unlawful review.

In case of doubt, the judge decides. The judge weighs the interests: freedom of expression against your interest in protecting your reputation. There are limits to freedom of expression. If the review is unlawful, it can be removed.

Compensation for unlawful reviews

The person who posted an unlawful review may be ordered to pay damages. These may include:

• non-material reputational damage;
• labor costs;
• extrajudicial costs and litigation costs;
• the costs of verifying the identity of the reviewer.

If necessary, the provider can be compelled by the courts to disclose the identity of an anonymous reviewer. However, it is important that you can prove your damages, so keep receipts, invoices, and correspondence safe.

Turn a negative review into something positive

If a negative review is neither fake nor unlawful, do not remove it. What you can do instead:

• Learn from the criticism and emphasize that you are reliable;
• Stay factual and leave emotions out — a serious review deserves a serious response;
• thank the reviewer and try to address their objections;
• Do not handle the dispute publicly, but invite the customer to contact your customer service.

This way, potential customers see that you are honest and offer good service — and a negative review turns into something positive after all.

Frequently Asked Questions

Can I remove a negative review?

Only if the review is demonstrably fake or unlawful. You may not remove a genuine, critical, but legitimate review.

What is the difference between a fake review and an unlawful review?

A fake review does not originate from a real customer or transaction. An unlawful review, however, is real, but contains, for example, incorrect facts or crosses the line of freedom of speech.

Can I claim compensation for an unlawful review?

Yes, that can include reputational damage, wage costs, out-of-court costs, litigation costs, and investigation costs. However, you must be able to prove the damage.

Do I need a review policy?

Due to European regulations, you have an obligation to provide information on how you handle reviews. A clear review policy explaining how you screen and moderate is therefore highly recommended.

Suffering from a fake or unlawful review?

An unjustified or unlawful review can damage your reputation. We help you assess whether you are allowed to have a review removed, whether you can claim compensation, and how to make your review policy GDPR-compliant and consumer-compliant.

Our commercial law are ready to assist you. Schedule a no-obligation intake consultation and discuss your situation.