In short. A shop displaying consumer product reviews must explain whether and how it checks their origin and make clear information about review handling accessible alongside the reviews.
Definition: A shop that displays consumer product reviews must explain whether and how it checks that the reviews come from people who actually used or purchased the product. Article 7(6) of the Unfair Commercial Practices Directive treats this as material information, meaning information consumers need for an informed purchasing decision.
Key facts
- Article 7(6) of the consolidated Unfair Commercial Practices Directive covers reviews from people who actually used or purchased the product.
- Article 7(1) of Directive (EU) 2019/2161 requires Member States to apply the amending measures from 28 May 2022, including the review disclosure rule.
- The Commission's guidance, section 4.2.4, interprets reviews broadly to include ratings.
What information must the explanation cover?
The Commission's guidance on the Directive, section 4.2.4, says the disclosure covers the measures used to check reviewers' experience and the handling of reviews more generally. It includes:
- Whether all reviews are published.
- How reviews are sourced.
- How average review scores are calculated.
- Whether sponsored reviews or contractual relationships with traders influence the reviews.
Recital 47 of Directive (EU) 2019/2161 says traders should state whether verification processes or procedures are in place. Where they are, traders should explain how checks work and how reviews are processed, including whether both positive and negative reviews are posted.
The Commission guidance also applies the information obligation to a shop that promotes reviews supplied by another trader, such as a specialised review tool, on its own online interface.
Where should the explanation appear?
The Commission's guidance, section 4.2.4, says the information must be clear and intelligible and available when consumers access the reviews. It should be accessible from the same interface where the reviews appear. Clearly identified, prominently displayed hyperlinks are an accepted way to provide access to the explanation.
Article 7(2) of the Unfair Commercial Practices Directive covers hiding material information or providing it in an unclear, ambiguous or untimely manner where this causes, or is likely to cause, a consumer to take a transactional decision they otherwise would not take.
What checks can support an authenticity claim?
Annex I, point 23b of the Unfair Commercial Practices Directive, prohibits stating that reviews come from people who actually used or purchased the product without taking reasonable and proportionate steps to check their origin.
The Commission's guidance, section 4.2.4, gives requesting a booking number as an example. Other examples include requiring reviewers to register, email verification, tools to detect fraudulent activity and measures to respond to complaints about suspicious reviews.
The same guidance says proportionality depends on the trader's business model, scale of activity and level of risk. It also says checks should avoid making review submission excessively difficult for consumers who actually used or purchased the product.
Related terms
- Which fake review practices does EU consumer law prohibit?
- What must a German shop disclose about review verification?
- Review structured data
FAQ
Can the label “customer reviews” amount to an authenticity claim?
It can. The Commission's guidance, section 4.2.4, says general references to consumer, customer or user reviews may lead an average consumer to perceive them as reviews from people who used or purchased the product.
Can I use a prominent link beside the reviews?
Yes. The same guidance expressly allows clearly identified, prominently displayed hyperlinks from the interface where reviews are available.
Does the rule cover people who used a product without buying it?
Yes. Article 7(6) of the Unfair Commercial Practices Directive expressly covers consumers who have actually used or purchased the product.
Sources
- European Parliament and Council, “Unfair Commercial Practices Directive 2005/29/EC”, consolidated 28 May 2022
- 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, section 4.2.4
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