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

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?

  • Present important information about your business and your offers in a timely manner. Use the checklist for online selling to see what information you need to present and at what point you must do so.

  • Inform consumers in a clear and easy-to-understand manner. Do not hide important information, for example in a long text. Do not leave out such information either. Do not make the text vague or ambiguous.

  • Do not let your commercial interests reduce the clarity of your information, even if the provision of certain information may reduce your conversion. Resist the urge of presenting such information less clearly, for example by using small fonts or colors that are barely legible.

  • Do not provide important information so late in the process that consumers take (or could take) decisions that they would not have taken if they had been given the information in a timely manner.

Tips

  • Make sure that important information is clearly visible to consumers, for example by using striking colors and a clear font that is sufficiently large.

  • Use the Checklist for online selling (in Dutch) to see whether you meet the information requirements.

  • Adjust your language to your target audience. For example, does your website target children? If so, make sure that children are able to understand the information easily.

  • Assess constantly whether the information on your website is clear and easy-to-understand for the target audience, for example by conducting a survey (or having one conducted) among customers and/or performing an analysis on behavioral data.

Examples

Example: Unclear directory assistance services

People looking for government agencies’ numbers often use search engines in order to find such numbers. One of the first search results is an ad of a directory assistance service. That company has paid the search engine to have its service come up if someone searches for a particular agency. That company’s ads give the impression that they belong to the government agency. The website resembles the government agency’s website in terms of design and language. The company does not offer any clear information about its identity, the content, or the price of the service. As a result, consumers erroneously believe they have found the government agency’s number. However, if consumers call the agency using the directory assistance service, they pay additional charges on top of the agency’s regular rate. In this situation, that is a misleading practice. This is not allowed.

Example: Failure to present Important product information

A consumer orders software for their laptop from a website. However, the software is not compatible with their laptop’s operating system. Information about what operating systems are compatible with the software is nowhere to be found on the website. That is not allowed, since this concerns an important characteristic of the product. Businesses must present important information on the product page.

Example: Hiding important Information in the general terms and conditions

A consumer orders a book from an online store. A few weeks later, they receive an e-mail from the store. It says that they are now required to place an order of at least 25 euros each quarter. This obligation was included in the general terms and conditions. The consumer had accepted those through a pre-ticked box next to the phrase “I accept the general terms and conditions”. The online store forces the consumer to meet the obligation of placing an order each quarter. That is not correct. Information about important characteristics and the price of the service should have been clearly stated in the offer. These do not belong in the general terms and conditions. The consumer is not bound by the conditions. Find out how you can prevent your general terms and conditions from being invalid (in Dutch).

Relevant regulations

Explanation of regulations

Enforcement

ACM confronted several large retailers because they had insufficiently informed consumers about important characteristics of smart devices.

ACM imposed a fine on a Dutch hobby and collecting company. Consumers that had ordered a sample product from this company at a low price were subsequently sent unsolicited hobby and collecting products. They had to pay for those products. It was not clearly explained to consumers over the phone what was offered to them or at what price.