EU Code of Conduct on Online Reviews for Tourist Accommodation: soft law as a first step against fake reviews

Purpose and core features of the Code

The Code of Conduct is intended to increase the transparency and reliability of online reviews relating to tourist accommodation by promoting a set of common good practices among key actors in the market. Its focus is on tackling reviews that do not reflect a genuine experience of the service or that are published with the deliberate intention of damaging the reputation of an establishment.

To this end, the Code goes beyond a mere statement of principles and includes concrete commitments that had not previously existed in a harmonised form at EU level. These include the verification that reviews come from real users under a uniform methodology, the implementation of periodic internal checks to verify and control reviews, and cooperation between platforms, accommodation providers and the European Commission to detect networks of fraudulent opinions.

Voluntary nature and soft law approach

The Code is expressly described as a voluntary instrument and, as such, does not have binding normative value for Member States or market participants. It is conceived as a soft law tool designed to establish a common framework of good practices to ensure that online reviews of tourist accommodation are authentic, verifiable and transparent.

This choice of a non‑binding mechanism can be understood in light of several factors, including the need for flexibility in a market involving diverse operators and the desire to move quickly without waiting for a full legislative procedure. At the same time, it can be viewed as a testing ground to observe how Member States and industry actors react to shared standards before considering the introduction of mandatory rules.

Practical difficulties in tackling fake reviews

The Code also sheds light on the fragmented and often slow mechanisms that have, until now, been available to businesses seeking to combat fake reviews that harm their activity. In practice, demonstrating that a review is false or identifying its origin is frequently extremely difficult, particularly where there is no common standard of verification or streamlined procedure for intervention.

As a result, there are still no rapid and effective mechanisms that consistently allow affected parties to request and obtain the removal of fake reviews. This reality underlines the gap between the economic and reputational impact that fraudulent opinions can have on the tourism sector and the practical tools currently available to address them.

A possible precursor to binding rules

Although the Code of Conduct is voluntary and does not itself modify the existing legal framework, it may operate in practice as a precursor to more stringent regulation. The importance that users attach to online reviews when choosing accommodation suggests that fake reviews are increasingly viewed as a matter affecting both fair competition and consumer trust.

The adoption of the Code represents a step in the right direction by promoting cooperation, common verification standards and a greater degree of commitment among all actors in the tourist accommodation sector in the fight against fraudulent reviews. At the same time, its non‑binding nature means that, on its own, it is insufficient to provide an effective response to the fraud that is causing significant losses across the industry and may ultimately need to be complemented by binding legal measures.

Authored by Adrián Fernández de Pedro.