Oneerlijke handelspraktijk
Unfair commercial practice
An unfair commercial practice is a misleading or aggressive commercial practice by a trader towards consumers that is contrary to professional diligence and may affect the economic behaviour of the average consumer.
An unfair commercial practice encompasses conduct such as the provision of inaccurate information concerning a product or service, the concealment of essential characteristics, or the exertion of undue pressure on the consumer. This regime is based on the European Unfair Commercial Practices Directive and has been implemented in the Netherlands by the Unfair Commercial Practices Act.
This provision is relevant because it protects consumers against misleading and intimidating practices in the course of trade while ensuring a level playing field between undertakings. The Netherlands Authority for Consumers and Markets (ACM) exercises supervisory and enforcement powers, while consumers also have civil remedies at their disposal.
In practice, lawyers regularly advise clients on whether an advertising claim or sales method qualifies as unfair and on the potential consequences, such as an award of damages or an enforcement order subject to a penalty.
“The webshop was fined for engaging in an unfair commercial practice by means of misleading countdown timers, with the aim of compelling consumers to make swift purchases.”
Need legal advice?
Schedule a free consultation with one of our specialists