In short. Annex I points 23b and 23c prohibit unchecked authenticity claims, false reviews or endorsements, and manipulation of reviews or social endorsements to promote products.
Definition: Annex I, points 23b and 23c, of the Unfair Commercial Practices Directive prohibit claims that reviews come from actual users or purchasers without reasonable checks, the submission or commissioning of false reviews or endorsements, and the misrepresentation of consumer reviews or social endorsements to promote products.
As of 17 October 2026, the consolidated directive contains both prohibitions. Article 5(5) makes the practices in Annex I unfair in all circumstances, with the same list applying throughout the EU.
Key facts
- Annex I, point 23b requires reasonable and proportionate steps before claiming that reviews come from consumers who actually used or purchased the product.
- Annex I, point 23c covers submitting false reviews, commissioning another person to submit them, and misrepresenting reviews or social endorsements to promote products.
- Recital 49 of Directive (EU) 2019/2161 identifies publishing only positive reviews and deleting negative ones as manipulation.
- The Commission's guidance on the directive interprets endorsements broadly, including fake followers, reactions and views.
What does an authenticity claim require?
The Commission's guidance, section 4.2.4, explains that general labels such as customer or user reviews can convey an authenticity claim. The assessment depends on the average consumer's perception. Proportionate checks depend on the business model, scale and fraud risk. Examples include requesting a booking number and verification by email.
Article 7(6) of the directive also treats information about whether and how review authenticity is checked as material information when a business provides access to product reviews.
Which fabrication and manipulation practices are covered?
Recital 49 of Directive (EU) 2019/2161 includes fake social media likes and commissioning others to submit fake reviews. It also describes transferring a user's positive interaction to different, related content, creating the appearance that the user endorses that content too.
The Commission's guidance includes paying actual purchasers to post positive reviews. Further manipulation examples include supplying pre-filled positive review templates and presenting combined review ratings using undisclosed or opaque criteria.
Who is covered, and when do the rules apply?
Article 2(b) of the directive defines a trader as a person acting for business purposes, including anyone acting in a trader's name or on its behalf. Article 2(c) defines products to include goods and services, including digital services and digital content. Article 3(1) covers practices before, during and after a consumer transaction.
Article 7 of Directive (EU) 2019/2161 requires Member States to apply the national measures implementing its amendments from 28 May 2022.
Related terms
- What must a shop explain about how it verifies customer reviews?
- What review disclosures does French Consumer Code Article L111-7-2 require?
- Review structured data
FAQ
Can a real purchase still lead to a prohibited review?
Yes. The Commission's guidance expressly includes engaging actual purchasers who receive payment for posting positive reviews within point 23c.
Can I remove fake negative reviews?
Yes. The same guidance preserves the removal of fake negative reviews as part of measures to ensure reviews originate from actual users or purchasers.
Does point 23b require the reviewer to have bought the product?
Point 23b of the directive refers to consumers who have actually used or purchased the product. Its wording covers genuine use as well as purchase.
Sources
- European Parliament and Council, "Unfair Commercial Practices Directive", consolidated 28 May 2022
- European Parliament and Council, "Unfair Commercial Practices Directive", consolidated 27 September 2026
- European Parliament and Council, "Directive (EU) 2019/2161", 27 November 2019
- European Commission, "Guidance on the interpretation and application of Directive 2005/29/EC", 29 December 2021
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