To undertake

How do you deal with negative (fake) reviews about your company?

You can take action against unjustified or false negative reviews. A review that is demonstrably untrue, offensive, or misleading may be unlawful; in that case, you can request removal from the platform and address the person who posted it. A justified, critical...

Published on 10 December 2020 by MKBjuristen.nl
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You can take action against unjustified or false negative reviews. A review that is demonstrably untrue, offensive, or misleading may be unlawful; in that case, you can request removal from the platform and address the person who posted it. However, you must tolerate a justified, critical review.

Distinction: justified criticism or unlawful review

Not every negative review is unlawful. A fair, fact-based complaint falls under freedom of speech and you must accept it — you can even learn from it. Only if a review is demonstrably false, defamatory, insulting, or misleading, or contains facts that did not occur, can it be unlawful.

Respond professionally first

The best first step is often a calm, professional response. Show that you take the complaint seriously and offer a solution where possible. This restores trust among other readers and can prompt the reviewer to make adjustments — more effective than taking immediate legal action.

Request removal from the platform

If a review is unlawful, you can request the platform (such as Google or a review site) to remove it with a reasoned explanation. Substantiate why the review violates the rules or is unlawful. Many platforms have a reporting procedure.

Address the poster

You can also address the poster directly and, in the case of an unlawful statement, demand removal and, if necessary, compensation, possibly through the courts. In the case of anonymous reviews, the identity can be traced under certain conditions. Seek advice on this matter, as the line between acceptable criticism and the review is important.

Frequently Asked Questions

Can I have every negative review removed?

No. You must tolerate justified, fact-based criticism. You can only have unlawful reviews—untrue, defamatory, or misleading—removed.

What do I do about a fake review?

Respond professionally, make a well-reasoned request to the platform for removal, and address the poster if necessary.

Can I take action against an anonymous reviewer?

Subject to conditions, the identity can be traced so that you can hold the person who posted it accountable. Seek advice on this matter.

Suffering from unfair reviews?

Our legal experts assist with removal requests and take action against unlawful statements. View our corporate lawteam, our legal assistance, 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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