Handling Negative Online Reviews Under Czech and EU Law: Compliance Guide

Do you have a negative review on your website that is harming your business? Do you think you can simply delete it? Unfortunately, you cannot. Current European rules and Czech laws clearly define what you may and may not do with reviews. If you learn to handle this correctly, you will be able to manage testimonial content without the risk of a fine, which under Act No. 634/1992 Coll., on Consumer Protection in the Czech Republic, can reach up to CZK 5 million.

Quick summary

• You must not systematically delete negative reviews: Both the Czech Trade Inspection Authority (ČOI) and the Czech Consumer Protection Act expressly prohibit deleting negative ratings simply because you do not like them, if you simultaneously publish the positive ones. Such conduct is considered a misleading commercial practice under Czech law and may result in significant penalties.
• You may moderate only under specific conditions: You may remove a review or choose not to publish it if it breaches legal regulations (e.g., contains threats, racist insults) or your clearly pre-defined terms and conditions. For online platforms (e.g., marketplaces), you must justify the moderation and inform the author in line with the Digital Services Act (DSA).
• Transparency about review verification is mandatory: You must clearly inform consumers whether and how you ensure that published reviews come from consumers who have actually used or purchased the product or service. If you do not verify reviews, you must state this.
• Proper communication with platforms: If you operate a shopping gallery or an online marketplace (i.e., you are an “online platform” under the DSA), stricter transparency rules apply to you regarding the ranking of offers and content moderation processes. Failure to comply may lead to sanctions imposed by the Czech Telecommunication Office (ČTÚ), the competent regulator in the Czech Republic.

Most common mistake: What you must not do with reviews

Among in-house counsel and e-shop owners, there is sometimes a mistaken belief that the website is their exclusive property and therefore they can delete and edit reviews at will. The reality is different. Czech regulation based on an EU directive (the so-called Omnibus Directive) and the Digital Services Act (DSA) has introduced rules that both traditional e-shops and large online platforms in the Czech Republic must follow.

Our attorneys in Prague at ARROWS advokátní kancelář encounter cases in practice where companies systematically deleted negative reviews, ordered positive ratings from agencies, or wrote them themselves (so-called astroturfing). Such conduct meets the characteristics of an unfair commercial practice under the Czech Consumer Protection Act. In each such case, you risk an inspection by ČOI and subsequent fines. The obligation to be transparent and fair towards customers is a legal duty enforceable by the state under Czech law.

The difference between moderation and deletion: When you may intervene

At first glance, it may seem that moderating reviews and deleting them are the same thing. In legal terms, however, there is a fundamental difference. Moderation means that, as the operator, you intervene in the content or availability of a review based on pre-defined and legitimate rules.

You may moderate (and therefore remove) a review that violates the law—for example, it contains threats of violence, hate speech, support for terrorism, or infringes copyright. You may also remove it when it breaches your terms and conditions—if you clearly state there that reviews must not contain vulgar language, spam, or advertising for competitors.

What you must not do, however, is delete a review simply because it is critical or because it points out defects in your product. Reviews containing constructive criticism, even very harsh criticism, are lawful, and selectively deleting them while leaving only positive feedback distorts consumers’ economic behaviour.

How to properly justify moderation on platforms

If you operate an online platform (e.g., a marketplace, a discussion forum with registration), the Digital Services Act (DSA) sets out how you must proceed. If you decide to remove content, you must provide the author with a so-called statement of reasons. It must include:

• A specific explanation of why the content was removed—it is not enough to write “breach of rules”. You must state, for example: “Your review was removed because it breached Article 2.3 of our terms of use, which prohibits vulgar language. Specifically, you used the words X and Y.”
• A reference to the specific legal regulation or provision of the terms and conditions on which the decision is based.
• Information on remedies—i.e., how the author can appeal the decision (e.g., via your internal complaint-handling system) or contact a certified out-of-court dispute settlement body.

Our attorneys in Prague at ARROWS advokátní kancelář routinely oversee that clients’ moderation processes comply with these requirements. Otherwise, you risk the review author appealing, and the regulator (ČTÚ) finding your procedure non-compliant with the DSA.

Related questions on moderation and justification

1. What happens if I do not tell the review author the reason for removal?
If you are an online platform, you are breaching Article 17 of the DSA. The regulator (the Czech Telecommunication Office) may impose sanctions. For ordinary small e-shops (that are not platforms), this strict administrative obligation does not apply in full; however, we still recommend recording the reasons in case of a ČOI inspection regarding unfair commercial practices under Czech law.

2. Can I delete a review through which a customer is blackmailing me?
If the review is demonstrably untrue or serves as blackmail (a criminal offence), yes. However, you must be able to prove it. If it is merely a dissatisfied customer who threatens a bad review unless you accept a complaint, this is a grey area—but dissatisfaction alone is not a reason to delete a review.

3. How long do I have to keep documentation about moderation?
It is advisable to retain the data for as long as an inspection or dispute may arise (the general limitation period in the Czech Republic is 3 years; in administrative proceedings, a longer period may also be relevant).

Review transparency obligation: What you must tell customers

The Czech Consumer Protection Act imposes a clear obligation: if you publish reviews, you must state whether you ensure that they come from consumers who have actually used or purchased the product or service, and, if so, how you do this.

You are not required to verify all reviews, but you must be transparent; if you claim that reviews are verified but in fact you do not check this, it is a misleading commercial practice under Czech law and may result in a substantial fine. You may have a mix of verified and unverified ratings, or even only unverified ones.

Among the most common verification methods are:

• Link to an order – a review can only be written by a customer via a unique link sent after the purchase.
• Technical measures – allowing reviews only from logged-in users with a purchase history of the relevant product.
• External services – using platforms such as Heureka (the “Verified by Customers” programme) or other certified tools.

An amendment to the Consumer Protection Act in the Czech Republic also introduced an important right for customers. If a consumer was induced to enter into a contract by an unfair commercial practice (e.g., fake reviews), they have the right to withdraw from the contract within 90 days of its conclusion, or to request an appropriate discount.

Related questions on review verification

1. Are we required to verify all reviews?
No. The law does not require it. However, you must provide truthful information. If you do not verify reviews, state, for example: “We do not verify the authenticity of reviews.”

2. What if a customer receives a discount for writing a review?
If a review is incentivised by a reward, this must be stated with the review (e.g., “Sponsored review” or “Review in exchange for a reward”). Concealing this fact is a misleading practice under Czech consumer protection rules.

3. Who is entitled to data on how we verify reviews?
In the event of an inspection, this is primarily the Czech Trade Inspection Authority (ČOI). Attorneys from ARROWS advokátní kancelář help clients prepare process documentation so that it stands up to inspections in the Czech Republic.

What you may face and how ARROWS can help

How the obligations of e-shops and online platforms differ

For the correct application of the law, it is crucial to distinguish whether you are “only” an e-shop or an “online platform” within the meaning of the DSA.

• Traditional e-shop: You sell your own goods in your own name. Your main obligations are transparency under the Consumer Protection Act in the Czech Republic (informing about review verification) and the prohibition of unfair practices (not arbitrarily deleting negative reviews).
• Online platform (e.g., a marketplace, comparison site, classifieds portal): You enable third parties to store and display information (offers, ads, comments). Here, the obligations under the DSA apply much more strictly.

Attorneys from ARROWS advokátní kancelář help determine which category you fall into and set up processes proportionate to your size and business model, so that you are not unnecessarily burdened by bureaucracy that does not apply to you—or, conversely, do not overlook key obligations.

Review portals: What responsibility do they have?

If reviews about your company are published on a third-party portal (Google Maps, Firmy.cz, TripAdvisor, Booking.com), you have only limited control over them. These portals operate as so-called hosting services.

As a rule, a review portal is not liable for the content of user-posted reviews until it is demonstrably made aware that the content is unlawful. Liability arises at the moment the portal receives a qualified notice of illegal content. From that point, the portal must act “expeditiously” (without undue delay).

A typical procedure should be as follows: You report the review as unlawful (e.g., false and intended to harm a competitor). The portal should assess whether the infringement is manifest and, if necessary, invite the author to comment. If it is proven that the review is unlawful, the portal must disable access to it.

If the portal fails to act even though you have substantiated the unlawfulness of the content, it loses its “immunity” (the so-called safe harbour), and you may sue the portal directly to remove the unlawful content. You may also seek an injunction against further publication and appropriate satisfaction for interference with the reputation of a legal entity under Czech law.

Attorneys from ARROWS advokátní kancelář have experience communicating with global platforms and know how to draft legal notices so that the legal departments of these giants respond.

How to properly report a fake review to a portal

If you find that a review is fake, it is not enough to simply click “report” without an explanation. To increase the chances of success, the report should include the requirements under Article 16 of the DSA:

• An explanation of the reasons why the information is illegal (e.g., infringement of personality rights, unfair competition, defamation).
• A clear indication of the location (URL address).
• Your name and email address (except for specific exceptions).
• A statement that you submit the information in good faith and that it is accurate.

If the portal does not act even after a qualified notice, it is time for legal steps.

Related questions on reporting content

1. How long does the portal have to respond?
The DSA provides that providers must handle notices in a timely, diligent and objective manner. A specific deadline in days is not set across the board, but inaction for weeks in clear-cut cases is usually unacceptable.

2. Can I conduct my own “investigation” to find out the author’s identity?
You may analyse publicly available data, but you must not break into systems (hacking). To obtain an IP address or identify the author from the portal, court proceedings or cooperation with the police in criminal proceedings is usually required in the Czech Republic.

3. What if the portal does not delete the review?
You can file a motion for a preliminary injunction, which the court must decide on promptly (typically within 7 days).

Positive reviews and sponsorship: What is legal and what is not

Companies sometimes purchase positive reviews or offer customers a discount in exchange for “five stars”. Technically, this is a form of marketing that is subject to strict rules under Czech law.

If a review is written by an influencer, an employee, or a person who received the product for free or at a discount in exchange for a rating, this fact must be clearly and visibly disclosed. If it is not, it constitutes hidden advertising and a misleading commercial practice.

Buying fake reviews from “click farms” (people who have never even seen the product) is prohibited by the Czech Consumer Protection Act (Annex 2, the so-called blacklist of unfair practices).

Risks:

• A fine from the Czech Trade Inspection Authority (ČOI) of up to CZK 5 million.
• A lawsuit from competitors for unfair competition under Czech commercial law.
• Loss of customer trust.

Freedom of expression vs. protection of reputation

It is important to understand that freedom of expression also includes the right to criticism, which may be unpleasant, sarcastic, or exaggerated for business owners. Value judgments (“the food was disgusting”, “the service was slow”) are generally protected.

The line is crossed if a review contains false statements of fact (“there was a cockroach in the food”, “they robbed me”, even though that is not true) or if the manner of expression is so vulgar that it goes beyond the bounds of decency. In such a case, protection of your reputation takes precedence under the Czech legal system.

The Czech legal team at ARROWS advokátní kancelář can assess whether a specific review still falls within permissible criticism, or whether it is an unlawful interference that can be effectively challenged.

Conclusion of the article

Monitoring online references is not about censorship, but about following the rules of the game. You have the right to defend yourself against lies and vulgarities, but you must not manipulate consumers by deleting legitimate criticism or inventing fake praise. The key is transparency and knowledge of the applicable legal framework in the Czech Republic, in particular the Czech Consumer Protection Act and the DSA Regulation.

The Czech legal team at ARROWS advokátní kancelář helps clients set up processes so that they comply with Czech law while also protecting their business from unjustified attacks. Breaching these rules can be costly—not only due to fines, but also due to damage to your brand.

If you are unsure whether your procedures are legal under Czech legislation, or you are dealing with a specific issue involving reviews, contact us at office@arws.cz.

FAQ – Most common legal questions on monitoring reviews

1. Can I buy positive reviews from an agency?
No. Publishing fake consumer reviews is a prohibited unfair commercial practice. You may face sanctions from the Czech Trade Inspection Authority (ČOI).

2. A competitor is posting fake reviews about me—how can I defend myself?
This is unfair competition under Czech law. We recommend securing evidence (screenshots), reporting the content to the platform, and sending the competitor a pre-action cease-and-desist letter demanding that they refrain from the conduct and remedy the unlawful situation. An attorney can assist you with this.

3. Is it enough to state in the terms and conditions that we approve reviews?
You must specify the criteria you use. The rules must not be discriminatory and the process should be transparent.

4. Do I have the right to know why a platform deleted my review?
Yes—if the platform is regulated under the DSA, you have the right to a statement of reasons and the possibility to appeal.

5. I run a small e-shop—do I have to verify reviews?
No, but you must state that the reviews are not verified. If you do not, it may be considered misleading consumers under Czech consumer protection rules.

6. What damages can I claim for a defamatory review?
You may claim compensation for actual damage (e.g., a drop in revenue) and lost profit, but the burden of proof is on you and it is procedurally demanding in Czech courts. It is often more effective to seek reasonable satisfaction (non-pecuniary damage) for interference with reputation.

Notice: The information contained in this article is of a general informational nature only and is intended to provide basic guidance. Although we take maximum care to ensure accuracy, legal regulations and their interpretation evolve over time. To verify the current wording of the relevant regulations and their application to your specific situation, it is therefore necessary to contact ARROWS advokátní kancelář directly (office@arws.cz). We accept no liability for any damages or complications arising from the independent use of the information in this article without our prior individual legal consultation and professional assessment. Each case requires a tailored solution, so please do not hesitate to contact us.

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