Prohibits unfair commercial practices, including misleading and aggressive practices, and provides remedies for consumers who have been harmed by such practices.
Definition
Excerpt
1. A commercial practice is misleading if information is provided which is actually incorrect or which deceives or is likely to deceive the average consumer, whether or not by means of an overall presentation of the information, like with respect to:
a. the existence or the nature of the product;
b. the main characteristics of the product, such as its availability, benefits, risks, execution, composition, accessories, after-sale customer assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks carried out on the product;
c. the trader's commitments, the motives for the commercial practice and the nature of the sales process, any statement or symbol in relation to direct or indirect sponsorship or approval of the trader or the product;
d. the price or the way in which the price is calculated, or the existence of a specific price advantage;
e. the need for a service, part, replacement or repair;
f. the nature, attributes and rights of the trader or his agent, such as his identity and assets, his qualifications, status, approval, affiliation or connection and ownership of industrial, commercial or intellectual property rights or his awards and distinctions;
g. the consumer's rights, including the right to repair or replace the supplied asset or the right to a price reduction, or the risks he may face.
because of which the average consumer takes or may take a transactional decision which he otherwise would not have taken.
- 2. A commercial practice is also misleading if:
a. due to any marketing of a product, including comparative advertising, confusion is created with any products, trade marks, trade names or other distinguishing marks of a competitor;
b. the trader does not comply with commitments contained in codes of conduct by which the trader has undertaken to be bound, as far as:
1°. the commitment is firm and recognizable;
2°. the trader indicates that he is bound by the code,
because of which the average consumer takes or may take a transactional decision which he otherwise would not have taken.
Related cases
The Netherlands ACM has fined World Ticket Center as it failed to include all mandatory costs in the base price of airfares, did not clearly disclose variable costs, and pre-selected optional extras such as travel and cancellation insurances.
Related deceptive patterns
The user is enticed with a low advertised price. After investing time and effort, they discover unexpected fees and charges when they reach the checkout.
The user is presented with a default option that has already been selected for them, in order to influence their decision-making.