Review portal – Legal Lexicon
Definition and significance of review portals
Review portals are internet-based platforms where users can submit and access evaluations of products, services, companies, or individuals. These portals play an important role in the digital age by creating transparency and enabling consumers to make informed decisions. Review portals have become particularly relevant in the fields of gastronomy, hospitality, crafts, services, e-commerce, and medicine. Typical examples include platforms such as Google Reviews, TripAdvisor, Yelp, or Jameda.
Legal framework for review portals
General legal framework
Review portals operate within the scope of various legal regulations. Key provisions can be found, among others, in the German Civil Code (BGB), the Telemedia Act (TMG), the Network Enforcement Act (NetzDG), the Act Against Unfair Competition (UWG), data protection law, and in the general right of personality pursuant to Art. 2 para. 1 in conjunction with Art. 1 para. 1 of the Basic Law (GG).
1. Freedom of expression (Art. 5 GG)
Reviews are generally protected under freedom of expression. A distinction must be made: value judgments are fundamentally protected, but statements of fact are only protected if they are true.
2. General right of personality and company personality right
Companies and individuals can invoke their general right of personality against defamatory, untrue, or insulting reviews. When weighing personality rights and freedom of expression, a case-by-case assessment is usually required.
3. Data protection regulations
Review portals process personal data of both reviewers and those being reviewed. This requires compliance with relevant data protection provisions, particularly the General Data Protection Regulation (GDPR). Relevant here are the legal bases for data processing, information obligations, and the rights of data subjects (e.g., right to access, erasure, and objection).
4. Aspects of competition law
The UWG protects competitors, consumers, and other market participants from unfair business practices. In particular, fake reviews, paid reviews that are not identified as such, or manipulative actions may constitute impermissible business conduct under § 5 UWG or may be regarded as misleading.
Liability of review portals
As a rule, review portals are not responsible for content posted by third parties (§ 7 para. 2 TMG), provided they are not aware of illegal content or do not act immediately upon becoming aware (liability as a disturber). As soon as a review portal is notified of a legal violation, it is subject to verification and action obligations.
1. Duties of care and examination
Depending on the nature and scope of the review, the number of notices, and the specificity of a complaint, portals must conduct an appropriate investigation of the facts. This includes contacting the parties involved and properly assessing the objections raised.
2. Removal obligations (“Notice and Takedown”)
If there is an obvious legal violation, the portal must immediately block or delete the relevant review.
Protection options for companies and individuals
Deletion and right of reply
Reviewed companies or individuals may demand the removal of infringing content from review portals. In particular, in the case of untrue statements of fact, abusive criticism, or insulting content, there is generally a right to deletion. In addition, there is the possibility of asserting a right of reply.
Cease-and-desist and compensation claims
In cases of infringing reviews, cease-and-desist and compensation claims may be made against the reviewer. Action can also be taken against the portal itself if it has not acted despite being notified.
Right to information
In certain cases, there is a right to information against the portal for the disclosure of the reviewer’s user data (§ 14 para. 2 TMG), usually in the event of a serious legal violation and after a judicial order.
Manipulation and abuse of review portals
Fake and purchased reviews
Offering or creating false or paid reviews without an appropriate disclosure is inadmissible and generally constitutes an unfair competition violation. Deliberately removing negative reviews can also be classified as a misleading act.
Reputation management and legal limits
Reputation management through the targeted commissioning of reviews is permitted within clear legal limits. Self-written or purchased reviews are only allowed if they are marked as advertising and contain no misleading information.
Court decisions and legal developments
Case law has continuously clarified the duties and rights in the area of review portals in recent years. Key decisions concern, among other things, the obligations of portal operators to verify content (Federal Court of Justice, judgment of 1.03.2016, file no. VI ZR 34/15), the admissibility of review aggregations, and the right to deletion of untrue statements (Federal Court of Justice, judgment of 23.09.2014, file no. VI ZR 358/13).
Outlook and forthcoming regulations
Regulatory requirements for review portals are expected to increase further. As part of European digital services legislation (Digital Services Act – DSA), even more extensive obligations regarding transparency, combating disinformation, and protection against abuse are to be expected.
Summary
Review portals are complex platforms that raise a multitude of legal issues involving freedom of expression, the right to personality, data protection, and competition law. For operators of such portals, the implementation of effective verification and deletion processes as well as compliance with data protection ‘rules of the game’ are of central importance. Companies and individuals being reviewed have extensive protection options, the enforcement of which usually requires an individual case-by-case assessment. In light of advancing digitalization and the significance of reviews for business success, review portals are becoming an increasingly important subject for case law and legislation.
Frequently asked questions
What legal options are available against a negative review on a review portal?
Affected parties who receive a negative review on a review portal can take various legal actions against it. The right to informational self-determination, protected within the general right of personality pursuant to Art. 2 para. 1 in conjunction with Art. 1 para. 1 GG, is paramount. If the review is untrue, insulting, defamatory, or contains abusive criticism, cease-and-desist, deletion, and possibly compensation claims may be asserted against the author of the review as well as against the review portal itself. Most portals are required under the current provisions of the Telemedia Act (TMG) and Art. 17 GDPR to promptly remove unlawful content after becoming aware of it. Initial steps can include filing an informal complaint or a request for deletion. If the portal refuses removal, legal steps such as a lawyer’s warning notice or, if necessary, court action (e.g., by way of an interim injunction) can follow.
When are review portals liable for illegal content posted by their users?
As a rule, review portals are so-called host providers under the Telemedia Act and are not automatically liable for external content created by users. However, as soon as the portal becomes aware of a specific legal violation — for example, through a notice from the affected party — it is obliged to review the content and, if necessary, remove it without delay (so-called ‘notice-and-take-down’ mechanism). If the portal fails to comply with this obligation, claims for damages and injunction may arise under § 823 BGB as well as the UWG (Act Against Unfair Competition). Gross breaches of duty may also lead to joint liability as a disruptor. However, a portal is not liable merely for general knowledge of the possibility of illegal content, but only after specific notification.
What data protection aspects must be considered when using a review portal?
The use and operation of review portals are subject to the requirements of the GDPR, particularly the principles of data minimization and transparency. Personal data (name, contact details, reviews) may only be processed if there is a legal basis for doing so, usually user consent or a legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR. Data subjects may request information from the portal about the personal data stored about them (Art. 15 GDPR) and may request its erasure (Art. 17 GDPR). Review portals must also have appropriate technical and organizational measures in place to protect personal data. Violations may result in fines.
Are anonymous reviews allowed on review portals and what are the legal limits?
Reviews may be submitted anonymously on many portals, with anonymous or pseudonymous use explicitly permitted under § 13 para. 6 TMG — as far as this is technically possible and reasonable. However, the general right of personality as well as the right to honor and business reputation of the reviewed party also apply to anonymous reviews. False statements of fact, insults, or formal insults remain unlawful even in anonymous reviews. In the event of disputes, the portal may, under the right to information pursuant to § 14 para. 2 TMG or under the requirements of criminal prosecution (police/prosecutor’s complaint), be required to disclose the account data of anonymous reviewers, provided such data exists and the necessary conditions are met.
Under what conditions is a review permissible and when does it constitute a legal violation?
A review on a review portal is impermissible if it crosses the line into abusive criticism, formal insult, or defamation (§ 185 ff. Criminal Code, § 823 BGB). While expressions of opinion are protected under Art. 5 GG, this protection ends if untrue facts are asserted, personality rights are violated, or intentionally damaging content is disseminated. There is indeed some scope for critical reviews as long as they are based on verifiable facts and are not excessively defamatory. Particularly problematic are incorrect factual claims, fabricated incidents, or deliberately false negative experience reports. Once these offenses are met, the reviewed party may seek injunctive relief, deletion, and, if applicable, damages. The burden of proof for the truth of a stated fact lies with the reviewer.
Do companies have to tolerate justified negative reviews?
As a rule, companies must tolerate justified critical or even negative reviews, provided they are covered by freedom of expression and are factually substantiated. This results from the public interest in information (§ 5 GG) and competition law. However, a line is crossed if reviews are false, defamatory, insulting, or misleading. There is a right to deletion against objectively incorrect or malicious reviews. In doubtful cases, the portal must conduct a review and carefully balance the rights of both parties — the reviewer and the reviewed.
What legal steps can companies or individuals take against review manipulation (fake reviews)?
Against fake reviews — for example, by competitors, purchased reviews, or deliberate manipulation — companies and individuals can take action under the Act Against Unfair Competition (UWG) as well as under civil law provisions (§ 823 BGB). The process usually begins with a complaint to the review portal, for which dedicated complaint mechanisms now exist. The portals are obliged to investigate and remove obvious manipulations. If this is unsuccessful, action can be taken by way of a lawyer’s warning, an injunction, or — in the case of substantial damages — a claim for damages against those responsible or even against the portal itself. In criminal cases, criminal charges may also be filed, for example, for defamation or slander (§§ 186, 187 Criminal Code).
