The Dutch Authority for Consumers and Markets (ACM) has issued a stricter interpretation of how webshops may display reference prices such as “advice price” or “recommended retail price” (RRP). For webshops based outside the Netherlands but selling to Dutch customers, this change is crucial: it alters how discounts, crossed-out prices and promotional messages must be communicated. Non-compliance can lead to accusations of misleading pricing and heavy fines.
>>> Read the new ACM guidelines (in Dutch, PDF) here
Why the ACM has changed its view
According to the ACM’s updated guidance (Thuiswinkel.org), many online retailers have been using “advice prices” to imply bigger discounts than actually offered. The regulator now treats these reference prices the same way as regular “from-prices.” In practice, it means that whenever you show a higher price next to your current price, you must be able to prove that this higher amount reflects a real, verifiable market situation.
Since 2023, EU law already requires that the “previous price” in any discount must be the lowest price applied within the last 30 days. The ACM’s new interpretation extends this principle: even if you refer to a manufacturer’s recommended price or an external benchmark, the consumer must not be misled into thinking they are receiving a bigger advantage than exists. This move follows several enforcement rounds against “fake discounts,” where retailers used inflated RRPs to exaggerate price cuts.
What counts as misleading
The Dutch regulator now explicitly warns that showing a crossed-out advice price can be misleading if:
- The “advice price” was never actually used by you or by any major competitors.
- It is unclear who set the advice price (manufacturer or retailer).
- The displayed discount gives the impression of a real reduction that does not exist in practice.
In these cases, even if you technically label the figure as “advice price,” the ACM may consider it a “from-price” and apply the 30-day rule. In short: any price comparison that creates the illusion of savings must be truthful, provable, and transparent.
Who falls under the Dutch rules
All businesses targeting Dutch consumers must comply, regardless of where the webshop is registered. The ACM can act against foreign webshops if their online content is directed at the Dutch market — for instance, by offering Dutch-language checkout, prices in euros, iDEAL, or Netherlands-specific delivery options. This enforcement approach aligns with EU consumer protection coordination mechanisms, allowing Dutch authorities to cooperate with regulators in other member states.
Examples of acceptable practice
To remain compliant, the ACM expects webshop owners to clearly explain what an advice price represents. You may, for example, include small text stating: “Manufacturer’s suggested retail price (MSRP). This price may differ from prices offered by other retailers.” Transparency must be easy to find and written in plain language — not hidden in footnotes or tooltips. The information should help consumers understand that the higher price is not your previous price but a general benchmark set by the supplier.
The same principle applies to “average market price,” “usual price,” or “standard price.” If you use such comparisons, you must disclose how that figure was determined. For instance, referencing “average online price” requires demonstrable evidence, such as price tracking data or supplier documentation.
Legal and financial risks
The ACM has announced it will actively monitor misleading discount practices. Violations can lead to substantial fines, particularly when deceptive pricing occurs repeatedly. The regulator considers these practices serious because they distort fair competition and mislead consumers into purchasing under false impressions of savings. Even if you operate via a marketplace, you remain responsible for how your products and prices appear to Dutch buyers.
How to prepare your webshop
Foreign online retailers often underestimate how specific Dutch consumer law enforcement can be. The ACM collaborates closely with Thuiswinkel.org, the Dutch e-commerce association, to inform and audit compliant webshops. Membership or certification is not mandatory, but following their guidelines offers a practical framework to avoid penalties.
Note that even during this transition phase, the ACM is already enforcing the principles, not waiting for additional EU alignment. This means retailers should act now rather than wait for future clarifications.
Key takeaways for compliance
- Do not display a crossed-out advice price unless it reflects a genuine, verifiable benchmark.
- Ensure your “previous price” complies with the EU 30-day lowest-price rule.
- Always clarify what an advice price means and who set it (manufacturer or retailer).
- Maintain documentation showing where the reference price originated.
- Apply the same transparency on marketplaces and in advertising banners.
- Regularly review Thuiswinkel.org’s updates and ACM announcements for further guidance.
- When in doubt, use simple, current “before and after” pricing with clear timeframes — it’s safer and builds trust.
For non-Dutch webshops selling to the Netherlands, this shift is more than a local detail. It signals a broader EU move toward full transparency in discount communication. Clear, consistent pricing is no longer just good practice — it is a legal requirement.
