New rules for online purchases: what’s set to change in 2022?
From 28 May 2022, new rules will come into force to protect consumers buying products and services online. Under these new rules, fake reviews will be banned and sales promotions will be subject to stricter requirements. Online marketplaces also have to be more transparent about the seller’s identity, so you can always know who you’re buying from. In this article, we’ll go over all the new rules for buying products and services online.
Fake Reviews
Suppose you’re in the market for a new patio set. Chances are that you’ll read the reviews of the products you have your eye on first. After all, reviews are a good way to narrow down your choices. However, fake reviews can be misleading. The ban on fake reviews should put an end to this. Sellers will soon be required to:
- verify more carefully that reviews are posted by actual customers who purchased the product or service in question
- clearly inform you about how they verify reviews
- allow negative reviews (fake reviews may be removed, provided that the seller explicitly mentions that the review in question was fake)
On top of that, sellers must also abide by the following rules:
- sellers may not impersonate consumers and post reviews about a product or service
- sellers may not post fake likes on social media or have them posted on their behalf to promote a product or service
- sellers may not offer payment or other perks for writing reviews without mentioning this with the review
- sellers may not include links to review websites on their website if they cannot guarantee that the reviews are genuine
Sales promotions
We’ve all come across them at some point: discounts that just seem too good to be true. ‘Great’ deals like this are especially common on Black Friday and Cyber Monday: A € 45 shaver down from € 150. The higher price is usually the original RRP, the highest price ever charged for the product. The large price difference makes it seem like an appealing deal that you just can’t pass up, while the actual price difference is much smaller.
Under the new rules, the 'from price' must soon be the lowest price in the past 30 days.
Personalised promotions
Some e-retailers offer personalised promotions: products or services tailored to your personal preferences. E-retailers can discover your preferences by tracking your behaviour, examining your searches, purchases and favourites lists. When the new rules come into force, e-retailers offering personalised promotions must notify you, e.g. with a pop-up or a message on the payment page. By being transparent about personalised promotions, consumers are given the chance to ascertain whether the offer is as appealing as it seems.
'Free' online services
If you use a ‘free’ online service for which you have to create an account and share personal data, such as on social media, the provider of this service will soon have to provide you with clear information about:
- the duration of the service
- how to unsubscribe
- the 14-day cooling-off period
- deleting your personal data
Online marketplaces
Buying something directly from an online marketplace, from a third-party seller, or from another consumer? Online marketplaces such as Marktplaats, eBay, Bol.com and Amazon will soon have to clearly inform you of the seller's identity before you buy anything, as well as of the Terms of Sale. This information should be easily visible on the payment page and may not be hidden away in the General Terms and Conditions, for instance.
Violations
If an online seller fails to comply with the new rules, you can report them to the Netherlands Authority for Consumers & Markets (ACM) or to the Netherlands Authority for the Financial Markets (AFM) in case of a financial service. These agencies monitor compliance with the rules and can either give online sellers some time to resolve the situation or impose a fine.
Guidelines
These new rules fall under the new European Consumer Protection Modernisation Directive (Dutch) and will apply everywhere in the European Union from May 28.