Legislation

The Netherlands Consumer Authority was created under the Dutch Consumer Protection Enforcement Act (in Dutch: 'Wet Handhaving Consumentenbescherming'). This Act has granted enforcement powers directly to the Director of the Netherlands Consumer Authority, who therefore acts at a distance of political decision-making.

The Netherlands Consumer Authority has been charged with enforcing several consumer-protection provisions, which have been laid down in various acts and regulations, some of which being of an administrative-law nature, while others of a private-law nature. The areas that these provisions cover include:

  • Unfair commercial practices;
  • Services Act (implementation of the Services Regulation);
  • Misleading Advertising;
  • E-commerce;
  • Consumer purchases;
  • General Contract Terms;
  • Distant Selling;
  • Timesharing;
  • Package Travel;
  • Canvassing (Doorstep selling);
  • Pricing (regulations on price visibility);
  • Regulation 2006/2004.

It should be noted that the Netherlands Consumer Authority is not authorised to take action in the financial sector: financial-market oversight in the Netherlands is still exclusively provided by the Netherlands Authority for the Financial Markets (AFM).