News item | 31-05-2022 | 16:27
Consumers will be better protected online in the Netherlands and throughout the European Union as a result of various legislative changes from this spring. For example, with the right to updates, by tackling deception such as banning false reviews, with the obligation for sellers to provide clearer information about search results and the way of sharing responsibilities between platforms and sellers when delivering a product and handling of returns.
Minister Micky Adriaansens (Economic Affairs and Climate) and European Commissioner Didier Reynders (Consumer Protection) spoke in The Hague about these changes and the consumer agenda for the coming years. For example, the Netherlands is committed to dealing more effectively with unsafe products that come from outside the EU and are still available here. For example, faulty toys that pose a danger. That is why the aim is to impose additional requirements on sellers and on the online platforms when it comes to product and contact information.
It is also important to properly apply proposed consumer protection that stimulates sustainability. The government believes that producers, and not just sellers, should also play a role in providing information about durability (guarantees) of a product and repair options.
Ban on fake reviews and clear information about personalized offers
A ban on the posting of false consumer reviews at online stores and digital platforms came into effect this week (May 28, 2022). Consumer reviews must be verified by merchants for authenticity before they can be posted as a review or recommendation. And there is now a ban on having someone else post false consumer reviews for payment. In addition, sellers must inform consumers whether, and if so how, they check whether reviews come from consumers who have actually bought the product.
Also, online platforms and stores must always make it clear in search results that these are paid advertisements or that they have been paid to get a higher placement. Platforms must also inform consumers who is responsible (seller or platform) for delivery and handling of returns. They must also inform consumers whether they will receive a personalized price offer, for example because an algorithm keeps track of what the consumer in question has bought and which websites he has viewed. The legislation also prohibits displaying search results without making it clear that the advertising is paid or that it has been paid to get a higher placement. More information.
Sellers required to provide updates for digital products and services
As of April 27, 2022, sellers are required by law to keep digital devices and services working and secure. Consumers are now entitled to software and security updates when purchasing smart devices such as smart TVs and watches, printers, cameras and baby monitors. The same also applies when purchasing games or apps and streaming services, for example. Consumers also receive more protection if the purchased product does not meet reasonable expectations
How long sellers must provide mandatory updates to consumers is regulated on the basis of proportionality: ie what is reasonable for a consumer. With a more expensive product such as a smart washing machine, you can expect longer updates than, for example, when purchasing a digital game on your phone.
The right to updates is not the only improvement for the consumer. This amended law also provides that the duration of the so-called reversal of the burden of proof is extended from 6 months to 1 year. The burden of proof lies with the seller and not with the consumer. For example, if someone buys a smartphone and they have a problem with the device within a year, the seller must demonstrate that the smartphone was in order upon delivery and that the consumer caused the problem. This puts the consumer in a stronger position. More information.
The Netherlands Authority for Consumers and Markets (ACM) monitors compliance with the rules.