Fair trading

Companies are obliged to engage in fair trade and to keep to the rules. The Unfair Trading Act (Wet Oneerlijke handelspraktijken OHP Act) came into effect on 15 October 2008. The Act applies to all products and services. The Act prohibits providers of products and services from using misleading aggressive sales practices when selling to consumers.

What are misleading commercial practices?
Misleading commercial practices mean there is something wrong with the provision of information. An example is when the information provided when a product is sold is incorrect or misrepresents. However, it may also be the case that you do not receive information which is important when it comes to deciding whether or not to purchase a product. A lack of information can, therefore, be misleading as well.

What are aggressive commercial practices?
The new Act also focuses on aggressive commercial practices, for example if the vendor exerts excessive pressure on the client to purchase his product or service. An example is a vendor who implies that you can only leave when you have signed the contract.

Black list
The Act also includes a black list with commercial practices which are, in any case, banned. Examples include claiming to have signed a code of conduct when this is not the case or an advertorial in the media in which someone pays to place an advert without it being clear to consumers that it is actually publicity.