Fake Reviews and Consumer Protection: What You Need to Know

The Association of Scotland’s Self-Caterers (ASSC) aims to ensure that members are aware of key regulatory developments that could affect their businesses. This Guidance summarises important obligations around the use of consumer reviews, based on the UK’s Competition and Markets Authority (CMA) guidance (CMA208) and the Digital Markets, Competition and Consumers Act 2024.

This guidance outlines practices that are illegal under the Digital Markets, Competition and Consumers Act 2024, focusing on ensuring the authenticity and transparency of consumer reviews.

Background and Purpose

The CMA has issued detailed guidance to help businesses comply with consumer protection laws regarding the publication of consumer reviews. This is part of wider efforts to ensure transparency, authenticity, and fairness in consumer feedback, especially in the digital space.

The ASSC recognises that customer reviews play a critical role in the success of self-catering businesses. Understanding the rules around genuine reviews is essential for maintaining trust and protecting your reputation.

Key Points from the Guidance

1. Prohibited Practices

The following practices are prohibited under consumer protection law and CMA guidance:

• Fake Reviews: Submitting or commissioning reviews that are not based on genuine consumer experiences is illegal.​
• Concealed Incentivised Reviews: It’s unlawful to offer incentives for reviews without clearly disclosing this to consumers.​
• Misleading Publication: Publishing consumer reviews or related information in a deceptive manner is prohibited.​

2. Obligations for Businesses

To remain compliant, self-catering operators must take the following steps:

• Preventative Measures: Businesses must take reasonable and proportionate steps to prevent the publication of fake or concealed incentivised reviews.​
• Removal of Deceptive Content: They are also required to remove any such content if it has been published.​
• Policy Implementation: Establishing and publishing clear policies that prohibit fake reviews and outline the approach to incentivised reviews is necessary.​

3. Scope of Application

• The guidance applies to any trader who publishes consumer reviews or related information, regardless of the platform used. This includes websites, social media, online marketplaces, and print publications.​

Further Information

For a comprehensive understanding and additional examples, businesses are encouraged to consult the full guidance document provided by the CMA, which you can find at the bottom of this page.

Author of Guidance: ASSC

Date of Guidance: April 2025
Version Number: V1

Disclaimer – Guidance Sheets are written by experienced Members of the ASSC and other experts. The information in the ‘Guidance Sheet’ is provided by the ASSC for use by Members in support of their own independent business decisions. It does not constitute advice or instruction for which the ASSC can be held liable in any way whatsoever. All Members and other readers remain responsible for the consequences of any decisions taken whether in the light of information gained from this Guidance Sheet or not.