Daniel StüveHaftung für Kundenbewertungen im deutschen und niederländischen Recht

About this book englishenglish

Customer reviews have become an integral part of our daily lives and are encountered in nearly every conceivable life situation: Those seeking a new dentist or orthopedist can find them on doctor review platforms; those traveling to an unfamiliar city can quickly gather information about the most popular restaurants or accommodation options with their smartphones. The list of examples could likely continue endlessly.

The reason for the continuously growing importance of online reviews lies in their function of conveying information and building trust. However, customer reviews can fulfill their trust-building function only when they are based on real experiences and originate from credible sources. This is often not the case with customer reviews. Customer reviews offer strong incentives for manipulation for economic reasons (to boost one's own revenue or weaken a competitor). Likewise, reviews, due to the anonymity of the internet, provide a fertile ground for personal infringements. Because of these incentives for legal violations, customer reviews are frequently the subject of legal disputes.

This study focuses on the existing legal framework for online reviews and potential solutions for the identified conflicts of interest. Unlike a large part of previous work, this study does not emphasize the relationship between the author and the recipient of the reviews but centers on the platform operator as an intermediary. The work pursues various approaches. On one hand, the work builds on an economic analysis of the economic incentives on review platforms. On the other hand, a significant focus of the work is on comparing the different solutions that German and Dutch law offer for the problems identified with customer reviews.

The work has succeeded in illustrating material and systematic differences and similarities between German and Dutch law in a comprehensible manner. Moreover, a significant merit of this study is, above all, that it has picked up the current legal policy discussion on the issue of administrative enforcement and demonstrated the fundamental strengths and weaknesses of administrative enforcement, which plays a significant role in the Netherlands, using the example of customer reviews.

Ihr Werk im Verlag Dr. Kovač

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