Online platforms will have to adopt transparency and organisational measures to ensure businesses comply with consumer law.
The ACM strengthened consumer protection when online: In February 2020, the Dutch Authority for Consumers and Markets (ACM) adopted guidelines for the protection of consumers online, aimed at curbing misleading practices in e-commerce. The guidelines addressed transparency about prices and costs, and truthfulness of online reviews, among others.
New ‘rules of thumb’ to make things clearer: On 23 November, the ACM adopted a supplement to the February 2020 guidelines, noting that it is often unclear whether an online seller is a business or a private individual, and which avenues for complaints are available. Traders are often unable to meet their obligations due to how platforms are designed. These new ‘rules of thumb’ are meant to give platforms the tools to comply with consumer law.
What do the rules look like? The new rules are divided into two areas – information and transparency obligations, and organisational and verification obligations. Platforms will have to specify who is the seller of a product, and are required to design their infrastructure so that businesses can comply with European rules on consumer protection and marketing.
