Companies providing online or other products and services to consumers (B2C) need to navigate an intricate and continually evolving set of consumer protection regulations. In numerous sectors, these regulations entail detailed obligations regarding the information to be provided to consumers. Marketing and advertising communications are equally subject to strict requirements. The Unfair Trading Practices Directive also plays an important role in addition to the sector-specific rules. Contractual freedom has been considerably restricted, notably by the Unfair Terms Directive and by sector-specific regulations that cap or prohibit certain types of compensation. Non-compliance with consumer law is usually severely punished.
Importance of consumer law
Consumer law issues can have an enormous impact. A single dispute may escalate into a mass claim, driven by:
- Active interest groups and claims organisations.
- Supervisory authorities, such as the Netherlands Authority for Consumers and Markets (ACM) and the Dutch Authority for the Financial Markets (AFM), which strictly enforce regulations with penalties, warnings and dawn raids.
- Media coverage, which may result in substantial reputational damage.
Courts are frequently required to review on their own initiative whether consumer law has been properly observed, including in collection proceedings. Accessible disputes committees, such as the Dutch Institute for Financial Disputes (Kifid) and the Advertising Code Committee, also conduct independent reviews and offer straightforward channels for consumers to file complaints.
Our expertise
Houthoff has extensive experience in consumer law across a broad range of sectors, including the financial sector (such as insurance), energy, transport, telecommunications, real estate, retail, online media and e-commerce. We offer:
- Compliance advice: helping clients mitigate risk through a clear strategy and targeted guidance on regulatory compliance.
- Representation in disputes: in collective and other civil proceedings, administrative procedures and before disputes committees.
Houthoff combines legal expertise with strategic insight and experience in publicity-sensitive cases. Our broad regulatory and litigation practice ensures top-tier representation at every stage.
