This article is part of ‘Guidelines on the protection of the online consumer’. View full guideline

About the guidelines on the protection of the online consumer

Why these guidelines?

Online businesses are getting better and better at nudging consumers in their decision-making processes and purchasing processes. Persuading consumers is allowed, but there are boundaries. These boundaries follow from consumer protection law but are sometimes difficult for businesses to apply to real-world situations. In that context, these guidelines serve as a tool for businesses. Using practical examples, ACM explains how consumer protection law works in practice in the online world. ACM will regularly review these guidelines.

Why does ACM target online selling with these guidelines?

Persuading consumers to buy products is part of doing business. It is certainly not unique to businesses in the online world. However, businesses are getting better and better at nudging and influencing consumers online, and do so more often. Armed with data about the specific desires, preferences, and current circumstances of consumers, businesses are able to provide valuable services. However, consumers can also be nudged into making choices that are not in their interests. Since online selling has become so dynamic and data-driven, consumers are finding it harder and harder to understand whether and, if so, how they are nudged into buying something. As a result, it has sometimes become more difficult for consumers to make an informed decision that is in line with their interests (economic or otherwise). For ACM, that is one reason to specifically target online selling with these guidelines.

For whom are these guidelines?

These guidelines are for people that play a role in the design of online environments and the online selling of products to consumers, for example marketers (internal and external), UX designers, compliance officers, legal advisors, and managers that make decisions regarding targets and incentives, as well as anyone developing websites, games, or apps. These guidelines are also for all businesses that sell products to consumers online or businesses that operate a platform on which other businesses are able to offer their products. In addition, these guidelines offer interest groups, trade associations, and consumer organizations insight into how ACM assesses online persuasion. Finally, consumers are also able to use the contents of these guidelines to learn more about their rights.

From what rules do the interpretations in these guidelines follow?

The interpretations in these guidelines have been based on consumer protection law, particularly the rules regarding unfair commercial practices. These rules set boundaries to the degree to which businesses are allowed to nudge consumers in their decisions. These boundaries are largely technology-neutral. This means that they apply to all the various channels through which businesses and consumers are in contact with each other, for example in a brick-and-mortar shop, online on the computer, via mobile phones or through a digital assistant. In these guidelines, we apply the rules to the online channels. In addition, ACM also includes the guidelines of the European Commission in its explanations of these guidelines, as well as relevant national and European case law. We also refer to self-regulatory bodies such as the Dutch Advertising Code Committee.

Attention: Check for yourself whether you comply with all the rules and regulations that apply to you. Sector-specific rules may also apply online, such as rules from the EU Directive on package travel and linked travel arrangements. In addition, competition rules and the General Data Protection Regulation (GDPR) also apply. These rules fall outside the scope of these guidelines. These guidelines only contain ACM’s interpretations of consumer protection rules with regard to several, common online persuasion techniques. As such, these guidelines are not an exhaustive list of interpretations, but merely offer guidance. In any formal assessment, ACM will take into account any legal developments and changes to the law.

What is the role of the Netherlands Authority for Consumers and Markets?

The Netherlands Authority for Consumers and Markets (ACM) is an independent regulator. ACM’s mission is to ensure that markets function well for both people and businesses. It does so by, among other activities, enforcing compliance with the laws and rules that businesses must comply with in their dealings with consumers. On behalf of the Dutch government, ACM checks whether businesses follow the rules, and it can take action if businesses do not.