Is Your Review Moderation EU Omnibus and UK DMCCA-Approved?

This article does not constitute legal advice and should not be construed as such.

Ensure your reviews moderation practice complies with the European Union’s Omnibus Directive 2019/2161 and the United Kingdom’s DMCCA.

At Yotpo, we frequently emphasize the importance of authentic reviews and how brands should display all reviews, both positive and negative. This transparency builds trust between brands and their customers, which is crucial in e-commerce today. To help brands in Europe maintain compliance with the latest legislation, we’re highlighting key aspects of the EU’s Omnibus Directive (2019/2161) and the UK’s Digital Markets, Competition, and Consumers Act of 2024, which are different laws with the same effect, directly impacting how reviews are collected and published.

Fair Review Practices under the Omnibus Directive and the UK DMCCA

The Omnibus Directive was introduced to enhance consumer protection, transparency, and trust across the European Union. Its provisions also cover the use and moderation of online reviews, bringing a stronger regulatory framework to ensure authenticity. Like the Federal Trade Commission (FTC) rules in the United States, the Omnibus Directive emphasizes honesty and fairness in collecting and presenting reviews. The Omnibus Directive is not one law, but a package of amendments which modified prior laws such as the Directive 2005/29/EC

The UK is not a member of the European Union and the Ombinus Directive is therefore not directly applicable. The UK DMCCA however, is a large package of laws passed in 2024 with the goal of overhauling the UK’s laws regarding online communications, and harmonising such overhaul with the regulations of the European Union (such as the Omnibus Directive). Schedule 20 of the UK DMCCA prohibits false or misleading reviews.

Brands that operate within the EU and the UK must comply with the following key principles to avoid misleading practices and protect consumer trust:

• Do not manipulate reviews: Brands must not create fake reviews or manipulate customer reviews in a way that misleads consumers, reviews should come from real customers. (Directive 2005/29/EC Article 7(4)(c); DMCCA Schedule 20 § 13(2)).
• Disclose any connections: If a reviewer has been incentivized or has any material connection to the brand, this must be disclosed. This ensures transparency about the authenticity of reviews (Directive 2005/29/EC Article 13 Annex I, 23(b); DMCCA Schedule 20 § 13(1)(b)).
• Prevent suppression of reviews: The laws prevents the unjust removal or suppression of negative reviews, mandating that brands display an accurate reflection of consumer experiences (Directive 2005/29/EC Article 13 Annex I, 23(c); DMCCA Schedule 20 § 13(3)(b)).
• Don’t “hijack” reviews: Brands should ensure that the reviews from customers apply to the specific product the customer purchased. Brands should not copy the customer’s review from one product to a different product. (Directive 2005/29/EC Article 7(4)(c); DMCCA Schedule 20 § 13(2)).

These general rules for sellers and review platforms align closely with Yotpo’s moderation practices, which are designed to foster authenticity and consumer trust.

Yotpo moderation practices

We encourage brands to publish all reviews, regardless of whether they are positive or negative, and to ensure transparency in how reviews are moderated. Our moderation system allows brands to maintain control over their content, provided reviews are rejected for valid reasons and processed in a timely manner.

Yotpo has an Auto-Publishing Reviews feature that helps optimize review publishing. When Auto-Publish is enabled, reviews submitted by your customers are automatically published to the Reviews Widget on your site. Generally, you can choose to publish all reviews right away, or only publish reviews with a minimum star rating.

Brands who choose to raise the star rating filter above 1-star will need either publish or reject reviews that fall below the minimum rating. To comply with rule § Article 7(4)(c)) of the Omnibus and Directive DMCCA Schedule 20 § 13(3)(b) regarding review suppression, reviews should only be rejected for an appropriate reason as outlined below, otherwise the EU or UK regulators may view rejections as unlawful review suppression.To encourage compliance with this rule, Yotpo will automatically publish all reviews that have not been acted upon within 14 days.

Here’s what the moderation flow looks like:

How Yotpo can help your brand disclose Incentivized Reviews

Yotpo’s platform empowers brands to meet FTC, UK, and EU guidelines for transparency by automatically or manually marking incentivized reviews. When brands offer rewards, such as discounts or loyalty points, Yotpo ensures reviews are tagged as “incentivized,” displaying this disclosure in the widget. Brands can also mark incentivized reviews via the Review Moderation panel or API, specifying incentive types like samples or coupons. This visibility fosters consumer trust, aligning with both regulatory standards and platform requirements.

For more, see Understanding Incentivized Reviews

When Can Brands Reject a Review?

The Omnibus Directive and UK DMCCA permits brands to reject or remove reviews in certain circumstances, including when reviews contain:

• Illegal, offensive, or inappropriate content, such as hate speech or defamatory language.
• Misleading information or reviews unrelated to the product or service in question.
• Personal data, such as the reviewer’s contact details, which violate data protection regulations.

Reviews should not be rejected simply because they are negative or critical. Consumers expect to see a balance of opinions, and suppressing legitimate negative feedback can undermine trust and expose brands to legal risks under the Directive.

Why Brands Should Publish All Relevant Reviews

Publishing both positive and negative reviews is not just a compliance issue; it’s also a business strategy. Research shows that consumers actively seek out bad reviews to make informed purchase decisions. In fact:

• 53% of consumers specifically seek out bad reviews for one or more products they’re interested in.
• Consumers trust reviews more when they see a mix of good and bad feedback. If the feedback is entirely positive, 95% believe the reviews are fake or screened by the company.
• 68% of shoppers trust reviews more when they see both positive and negative content.

At Yotpo, we believe that sharing a wide range of customer feedback builds credibility and enhances the customer experience. Our moderation practices ensure that reviews are handled in a fair and transparent manner, in line with the Omnibus Directive and the UK DMCCA.

Ensure Compliance with European Consumer Protection Rules

While these European laws apply to businesses operating within the various areas of Europe, they complements similar guidelines around the world, including the FTC rules in the United States. Yotpo customers can rest assured that our review moderation tools help brands stay compliant across jurisdictions. By leveraging these updated rules, brands can maintain consumer trust and maximize the value of customer reviews in the European market.

To learn more about Yotpo’s moderation practices and how they comply with the Omnibus Directive and the UK DMCCA, visit our support article here