What is an unfair trade practice and what can I do?

An unfair trade practice is when a company misleads or pressures you as a consumer into purchasing something. Think of false offers, hidden costs or aggressive sales techniques. You have legal rights in that case — and you can take action.

Last checked: March 2026. Legal information may change — always check the current legislation onwetten.nl.

What does the law say?

Unfair trade practices are prohibited in the Netherlands. The rules are in the Civil Code. More specifically, you will find them in Article 6:193a of the Dutch Civil Code and further (check this article onwetten.nl for the most current version). These rules are based on a European directive, so similar rights also apply in other EU countries.

The law distinguishes two main forms of unfair commercial practices:

• Deceptive business practices — a company gives you incorrect information, or omits crucial information. As a result, you make a decision that you would not otherwise have made.
• Aggressive business practices — a company uses intimidation, coercion, or undue pressure to get you to buy or sign something.

The law protects the "average consumer". That's a normal, reasonable person. If such a person is misled by commercial practice, the practice quickly becomes unfair.

Some practices are always prohibited. The law contains a list of commercial practices that are not permitted under any circumstances. An example: claiming that your product is recognized or approved when this is not the case. Or saying that an offer is only valid for "two more hours", when in fact that offer is always available.

The Netherlands Authority for Consumers and Markets (ACM) supervises companies. The ACM can impose fines on companies that violate the rules. But if you have suffered personal damage, you can also go to court yourself. The judge can then annul the agreement — which means that the contract is reversed as if it never existed. You can also claim compensation if you have demonstrably suffered damage as a result of the deception.

When does this apply to you?

These rules only apply in the relationship between a company and a consumer. Are you a private individual who buys something from a company? Then you fall under this protection. As an entrepreneur, do you buy something from another company? Then different rules apply.

Below are a few concrete examples of unfair commercial practices in everyday life:

• Fake discounts — a store says something worth $100 is on sale for $60, but the product was never $100.
• Hidden costs — you book a plane ticket for €49, but at the end of the payment process the total suddenly turns out to be €120 due to all kinds of mandatory surcharges.
• Fake reviews — an online store places self-made positive reviews to convince you.
• Urgency pressure — a salesperson calls you several times a day and tells you to "decide now" when there is no real reason to do so.
• Misleading subscriptions — you think you are purchasing something once, but you have unknowingly taken out an ongoing subscription.
• False claims about health or effectiveness — a supplement that claims to cure diseases without scientific evidence.

Important: you must be able to demonstrate that the practice influenced your decision. If you had purchased a product even without the misleading information, it would be more difficult to file a claim. But if the deception was clearly the reason you bought — or didn't leave — you have a strong legal position.

Also note: there is no hard time limit for taking action, but the longer you wait, the more difficult it becomes to collect evidence. So always save screenshots, emails, folders and receipts.

Step-by-step plan — what can you do now?

1. Collect evidence — save everything: screenshots, emails, ads, receipts and contracts. This is the basis of your business.
2. Send a complaint letter to the company — describe what went wrong and what you want (money back, cancellation, compensation). Send this letter by registered mail or by e-mail with read receipt.
3. Submit a complaint to the ACM — the Netherlands Authority for Consumers and Markets investigates structural abuse by companies. Do this via consuwijzer.nl, the official consumer information site of the ACM.
4. Involve the Disputes Committee — if the company is affiliated with a trade association, you can