Netherlands Authority For Consumers & Markets (ACM) Issues Guidance On Influencing Online Buying Behavior

Author:Mr Daniël Haije (Hoogenraad & Haak)
Profession:Global Advertising Lawyers Alliance (GALA)

Dynamic pricing policies, scarcity indications, nudging, social proof, dark patterns. There are many tactics out there to influence online buying behavior. Where to draw the line between permissible online persuasion and unlawful commercial practices?

Hot off the press: after a short consultation period the Netherlands Authority for Consumers & Markets (ACM) published its guidelines on protection of online consumers on 11 February 2020. In the guidelines, the ACM clarifies how it applies consumer protection rules to online buying behavior influencing tactics. The most important points of guidance:

Prices including all costs must be clear during the ordering process (i.e. before purchase); For consumers it must be clear if an offer...

To continue reading