The Ban on Fake Reviews for Delft Residents
The fake reviews ban is a key element of Dutch consumer law that tackles unfair ratings on online platforms. In Delft, businesses and websites may not post or encourage false or manipulated reviews, ensuring residents like you receive honest information when shopping. This rule, in place since 2022, supports safe choices—for example, with local webshops or city-center hotels.
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 derives from the European Omnibus Directive (EU 2019/2161), effective since 28 May 2022. It bolsters the Unfair Commercial Practices Act with stringent review rules. The Authority for Consumers & Markets (ACM) enforces compliance and can issue fines up to €900,000 or 10% of turnover. Common violations include:
- False reviews paid for by Delft businesses to third parties.
- Manipulation, such as deleting criticism from negative reviews about local deliveries.
- Rewards for reviews without clear disclosure.
Platforms like Bol.com or Trustpilot must verify authenticity and disclose this, which matters for Delft shoppers.
What Are Fake Reviews in the Delft Context?
Fake reviews are bogus ratings without genuine experience, often used for astroturfing to fake popularity. Article 6:236o DCC defines them as:
- False reviews: Fabricated stories.
- Manipulated reviews: Altered genuine reviews.
- Non-authentic: Unlinked to real purchases.
Delft example: A local webshop hires freelancers for top ratings on products. This is punishable, even for praise of Delft specialties.
Comparison: Genuine vs. Fake Reviews
| Feature | Genuine Review | Fake Review |
|---|---|---|
| Source | Real Delft buyer | Paid party or stranger |
| Details | Specific (e.g., "late delivery to TU Campus") | Vague (e.g., "great item!") |
| Verification | Linked to order | Unverifiable |
| Purpose | Alert fellow residents | Boost sales |
Rights and Obligations Regarding Fake Reviews in Delft
Rights of Delft Consumers
You deserve reliable information. In cases of deception, you can:
- Rescind the purchase (art. 6:236 DCC).
- Claim damages via the District Court of The Hague.
- Report to ACM, the platform, or Juridisch Loket Delft.
Example: You order a gadget based on perfect reviews, but it fails. If the ratings were fake, you can hold the Delft seller accountable.
Obligations of Businesses and Platforms
Businesses may not post fakes (art. 6:236p DCC). Platforms must:
- Implement detection and removal systems.
- Publish methods for displaying reviews.
- Display statements like: "Reviews only from verified Delft buyers".
Fines follow, such as the €475,000 imposed on a platform in 2023.
Real-World Examples around Delft
In 2023, the ACM investigated webshops with fake hotel reviews on Booking.com, including Delft accommodations. A local hospitality chain paid staff for positive posts. Sites like Kieskeurig.nl now use order verification. An electronics store in the area deleted low scores, resulting in an enforcement penalty from the District Court of The Hague.
Frequently Asked Questions about Fake Reviews in Delft
Is a discounted review always fake?
No, but transparency is essential. Disclose it, or it's misleading (art. 6:236q DCC). No incentive makes it more reliable.
Spotted a fake review? Next steps?
Report to the platform, shop, ACM (acm.nl), and Juridisch Loket Delft. Save screenshots for the Disputes Committee or Municipality of Delft.
Sue a business for fakes?
Yes, at the District Court of The Hague or subdistrict court for rescission and damages. Start with free advice from Juridisch Loket Delft.
Does it apply to social media?
Yes, for commercial posts. Delft influencers must use #ad.
Tips for Delft Shoppers
Avoid fake reviews by:
- Seeking verified reviews (checkmark).
- Reading old and low scores, e.g., on local delivery.
- Choosing platforms with order verification, like Bol.com.
- Suspicious perfection? Check with Juridisch Loket Delft.
Businesses: Build compliance and train your team. Review the ACM Guidance on Unfair Commercial Practices and consult the Municipality of Delft.