What are unfair commercial practices under Dutch law?

Dutch term: Oneerlijke handelspraktijken | Legal basis: Articles 6:193a-6:193j BW

Unfair commercial practices are regulated by articles 6:193a to 6:193j of the Dutch Civil Code, implementing the EU Unfair Commercial Practices Directive (2005/29/EC). A commercial practice is unfair if it is misleading, aggressive, or otherwise contrary to the requirements of professional diligence and is likely to distort the economic behaviour of the average consumer.

The rules prohibit specific practices including false claims about product characteristics, misleading price indications, fake reviews, aggressive sales techniques and greenwashing. The Dutch Authority for Consumers and Markets (ACM) enforces the rules through administrative fines. Consumers and competitors can also bring civil claims for damages and injunctions.

Why it matters for international businesses

For manufacturers and online sellers placing products on the EU market, green claims and sustainability marketing are increasingly scrutinised under these rules, particularly in light of the EU Green Claims Directive.