Black Friday: commercial opportunity, legal risk

Black Friday generates turnover but also attracts the attention of the ACM. The regulator enforces stricter, faster, and more broadly than before. Anyone launching promotions must ensure that prices, claims, and processes are completely accurate. Make sure every Black Friday promotion is correct: transparent, fair, and traceable. A promotion may be well-intentioned, but the ACM assesses conduct, not intentions. Deviations result in warnings, mandatory adjustments, or even fines.

The ACM mainly responds to complaints. The threshold for complaints is low. Recent enforcement actions concentrate on recurring patterns: fake discounts, unclear conditions, vague sustainability claims, inaccessible customer service, and misleading subscription models. It makes no difference whether you are large or small; the regulator acts decisively.

Clear pricing: how to prevent misleading practices during Black Friday
The ACM’s Guidelines on Price Display and Comparisons are leading.

• Apply the 30-day rule: the reference price must be the lowest price from the past 30 days.
• No more than three months of discounts on the same base price.
• Do not use crossed-out recommended retail prices if those were not actually applied previously.
• Clearly explain what “recommended retail price” means.

If the price history is inaccurate, the discount is misleading. The ACM actively monitors both online and physical sales channels.

Sustainability claims: only use if you can substantiate them
Sustainability claims are under strict supervision.

• Avoid vague terms like “sustainable,” “responsible,” or “lower environmental impact.”
• Ensure every claim per product can be substantiated with hard evidence.
• If you operate in the energy, food, fashion, or aviation sectors, note stricter requirements for sustainability claims.

Marketing statements are only defensible if substantiation is available in advance. Claims without evidence are considered misleading.

Transparency in conditions: essential for promotions and discounts
The ACM has previously intervened regarding unclear payment obligations, hidden costs, vague return procedures, and poorly accessible customer service.

• Be fully transparent about price, contract duration, termination fees, and return flows (for example, in dropshipping).
• Ensure customer service is accessible and refunds are processed on time.
• Prevent surprises in subscription structures and ordering processes.

Unclear terms trigger enforcement. The ACM interprets rules strictly, especially when conditions are vague.

Guarantees and returns: rules that cannot be shifted
Legal warranty is leading.

• Costs for repair or replacement cannot simply be passed on.
• Liability cannot be shifted to third parties.
• Return procedures must be clear and executable.

A customer sent from pillar to post will quickly result in complaints and intervention.

Chain management: responsibility does not stop at your own organisation
The regulator assumes chain responsibility.

• Partners, intermediaries, and service providers must comply with the same rules.
• Telemarketing, fulfillment, dropshipping, and sales channels are subject to the same standards.
• Check partner compliance and record it contractually.

Misconduct by partners is attributed to you. It does not matter who calls, delivers, or processes; responsibility remains shared.

Pricing mechanisms and dynamic pricing: prevent surprises for the customer
Price changes during the ordering process may be misleading.

• Ensure transparency regarding pricing mechanisms.
• Minimize price jumps during the booking process.
• Document how prices are established.

Prices may vary, but not in ways that could be construed as misleading.

Strategic approach: how to organise Black Friday without supervision risks

1. Establish a clear internal review for prices, claims, conditions, and communications.
2. Have marketing and legal collaborate before publication, not after.
3. Identify partner and chain risks and ensure compliance.
4. Document all decisions so you can demonstrate transparency.

Conclusion
Black Friday is only valuable for your business if it is legally compliant. The ACM requires you to substantiate and explain prices, claims, and processes. This demands discipline, internal coordination, and chain management. Companies that organise this well create commercial space without supervision risks. Companies that neglect it fall behind the facts.

Do you want to ensure this is arranged carefully and under control? We make sure it is compliant. Contact us.