Rules to follow if you take part in Black Friday sales

1. State the actual discount

If you are going to lower your prices, you need to be honest about your discount. This means that if you use a 'from before' price, you must use the lowest price you set in the 30 days before the Black Friday promotion. You cannot just use any recent price to make your discount look bigger.

2. Inform your customers about data usage

Do you offer your customers a personalised offer based on the information you have about them? For example, their internet search behaviour? Then you need to let your customers know before they buy that you have used that information to make a personalised offer. For instance, do you, as a website owner, recommend a pram to your visitors because they have previously searched for that search term on the internet? Then you should be transparent about that. For example, by putting a notice on the payment page. From 2024, you are no longer allowed to use third-party cookies to collect data. 

3. Warranty: prove misuse

Strict warranty rules apply to the sale of your products. As a seller, you must prove that a product is broken because your customer misused it. Previously, customers had to prove that they had used the product correctly and the defect was not their fault. Furthermore, your warranty form should be clear about the warranty procedure and conditions.

4. Mandatory software updates

If you supply digital products such as smartphones, printers, security cameras, or baby monitors that require software updates during use, you must also provide updates. An update is mandatory if, without it, your product does not work properly or at all after a certain time, or if it is susceptible to hacking. This rule applies to both new and used or imported products. Keep in mind the GDPR privacy law. If you choose to inform your customers by email, you need their consent to do so.

5. Check online reviews

If you want to use reviews on your website, you must show how you obtained the reviews. You do this by checking IP addresses, for example, or by saying that you check whether the sender actually bought the product. You are also not allowed to remove negative reviews unless they are demonstrably fake.

6. More rights for newsletter recipients

Tell the subscriber to your newsletter clearly how long they are subscribed and how they can unsubscribe again. Do you want to send your Black Friday customers a newsletter, for instance about new offers, events, or shopping afternoons? Be aware that customers can cancel it within 14 days without reason. If they unsubscribe, you must immediately stop processing their customer data and delete it.

Do you want to actively approach your customers after their Black Friday purchase, for instance with email marketing or telephone acquisition? Then check what you may or may not do with personal data collected during the purchase and ordering process. This is because you are not allowed to use financial and address details for marketing. Read about what is allowed in the GDPR.

7. Advertising rules for influencers

Influencers must comply with the advertising rules of the Media Act if they promote your product. YouTubers, TikTokkers, and Instagrammers with more than 500,000 followers must be clear they are being paid to promote or discuss a product and must protect young people from harmful content. The content must not be misleading or offensive, for example. For influencers, as for TV, general advertising rules apply.

8. Paying with personal data

Customers who pay by sharing their personal data, for music, apps, or software, for example, have the same rights as customers who pay with money. In other words, the rights and obligations under the GDPR apply to anyone who purchases products from you, regardless of what you have received from them in return. So, make sure your business is GDPR-proof, for every 'paying' user of your digital service.

9. Tobacco advertising banned

You may not advertise tobacco and related products (in Dutch) such as vapes.

10. Selling through a platform

Sales platforms must provide details of sellers directly to the Netherlands Tax Administration (Belastingdienst). So, if you sell products on a platform, this platform must pass on information, such as your turnover, account number, and name and address details, to the Tax Administration.