In short. German shops displaying consumer reviews must explain whether and how they check that reviewers actually used or bought the goods or services.
Definition: A German shop that makes consumer reviews of goods or services available must explain whether and how it checks that the reviews come from people who actually used or bought them. UWG Section 5b(3) treats this explanation as material information for consumers.
Key facts
- As of October 2026, UWG Section 5b(3) covers reviews concerning both goods and services.
- The Unfair Commercial Practices Directive, Article 7(6), likewise requires information about whether and how review origins are checked.
- The European Commission's guidance, Section 4.2.4, includes shops displaying reviews supplied through a specialised review tool.
- Under UWG Section 5a(2), hiding material information or providing it too late also counts as withholding it.
When does the information duty apply?
The trigger in UWG Section 5b(3) is making consumer reviews accessible. The provision concerns reviews about goods or services and asks whether their authors actually used or acquired them. Its wording covers actual use as well as purchase, so a purchase is not the sole experience described by the rule.
At EU level, the corresponding rule appears in Article 7(6) of the Unfair Commercial Practices Directive. It classifies information about verification as material whenever a trader provides access to consumer product reviews. The German provision expressly describes goods and services.
What should the disclosure explain, and where should it appear?
The Commission's guidance, Section 4.2.4, calls for clear, intelligible information available from the interface displaying the reviews. A clearly identified, prominently displayed hyperlink can provide access to it.
The explanation covers verification measures and review processing: whether all reviews are published, how reviews are sourced, and how average scores are calculated. It also addresses whether sponsorship or contractual relationships with reviewed traders influence the reviews. The same guidance gives a booking number as an example of information used to check actual use or purchase.
The German rule on misleading omissions, UWG Section 5a(1) and (2), connects withholding material information with its capacity to affect a consumer's commercial decision. Concealment, unclear or ambiguous presentation, and late provision are expressly covered.
How does disclosure relate to authenticity claims?
The information duty asks whether and how checks occur. A separate rule governs claims that reviewers actually bought or used the product. UWG Annex point 23b prohibits such claims when reasonable and proportionate verification measures have not been taken. The Annex lists this among practices that are always prohibited towards consumers.
Annex I point 23b of the Unfair Commercial Practices Directive contains the corresponding EU prohibition. Point 23c separately prohibits submitting or commissioning false consumer reviews or endorsements, or misrepresenting reviews or social endorsements, to promote products. Publishing an explanation of review handling does not remove these prohibitions.
Related terms
- What must a shop explain about how it verifies customer reviews?
- Which fake review practices does EU consumer law prohibit?
- Review structured data
FAQ
What if my shop performs no authenticity checks?
The question in UWG Section 5b(3) includes whether checks occur, so your disclosure needs to state that position. Any claim that reviewers actually bought or used the goods or services remains subject to Annex point 23b's verification requirement.
Can a review widget put the information outside this duty?
The Commission's guidance, Section 4.2.4, includes reviews made available by another trader through a specialised review tool. The information should be accessible from the interface where those reviews appear.
Sources
- Gesetze im Internet, "UWG Section 5b: Wesentliche Informationen", undated
- European Parliament and Council, "Unfair Commercial Practices Directive", consolidated text dated 28 May 2022
- European Commission, "Guidance on the interpretation and application of Directive 2005/29/EC", 29 December 2021
- Gesetze im Internet, "UWG Section 5a: Irreführung durch Unterlassen", undated
- Gesetze im Internet, "UWG Annex to Section 3(3)", undated
Check how a page reads to answer engines. Open the GEO score analyzer