How to provide information about your business and offers
Consumers need correct and complete information. With such information, they are able to make well-informed decisions about whether or not they want to buy a product from you. Consumers must receive all information in a timely manner, including online. That is why the law stipulates about what you, as a business, must provide consumers in terms of information, and how you must do so.
Is it difficult for consumers to find or understand certain information, or to do so in a timely manner? If so, they will not be able to take that information into account in their purchase decisions. As a result, consumers could make decisions that they would not have made if they had known everything. This can be a misleading commercial practice. Unfair commercial practices are prohibited.
It is important that consumers are able to have confidence in online environments. In such environments, they cannot be misled into making a purchase or into giving consent. That is why rules on how to inform consumers have been laid down in consumer law. See the Checklist for online selling (in Dutch) to find out what online-information requirements you must comply with.
When assessing whether you provide information clearly and in a timely manner, ACM takes into account the specific circumstances of each situation. ACM looks at the content of the information as well as the timing of when the information is provided. ACM also takes into consideration the design choices regarding the presentation of the information. In that context, ACM takes into account the channel that is used for providing the information.
On a website, you are able to give consumers all of the important information properly. In that context, consumers will appreciate it if you offer information in layers. That means placing the most essential information clearly next to the offer. Make sure to include correct links, which clearly indicate what information consumers can find when clicking on them. Has your website been optimized for mobile use or do you have an app? If so, your website will have limitations, as it is viewed on a smaller screen. In such situations, too, it will be better to offer information in layers.
Some information can be included in the general terms and conditions. Do you use general terms and conditions? If so, make sure they are clear and easy-to-understand. If one of the general terms and conditions is unclear, then the interpretation that is the most favorable for consumers will apply. In addition, make sure that consumers are able to read the conditions before making a purchase. The general terms and conditions cannot contain any unreasonable provisions. The key characteristics of your offer do not belong in the general terms and conditions either. Present these key characteristics with the offer straight away, for example the price of the product, the amount, or the color. Make sure that all your general terms and conditions comply with the rules (in Dutch).
What is required and what is not allowed?
Tips
Examples
Relevant regulations
- Title 3, section 3A of the Dutch Civil Code, Book 6 (Unfair commercial practices) (in Dutch)
- Directive 2005/29/EC (Unfair Commercial Practices Directive)
- Title 5 (Agreements in general), Section 3 (general terms and conditions) of the Dutch Civil Code, Book 6 (in Dutch)
Explanation of regulations
- Guidance on the interpretation and application of the Unfair Commercial Practices Directive
- Guidance on the interpretation and application of the Unfair Terms in Consumer Contracts Directive