Estate Agent Policy: Digital Marketing and Online Reviews (DMCC Act 2024 Compliance)

 

Effective Date: 6 April 2025 (aligned with Digital Markets, Competition and Consumers Act 2024 commencement)

 

1. Policy Statement

Middletons Estate Agents is committed to maintaining the highest standards of integrity, transparency, and fairness in all its digital marketing activities, particularly concerning online customer reviews. This policy outlines our commitment to comply with the Digital Markets, Competition and Consumers Act 2024 (DMCC Act), which came into force on 6 April 2025, and relevant consumer protection legislation. We recognise the critical role genuine customer feedback plays in building trust and ensuring a level playing field for businesses.

This policy applies to all employees, contractors, and third-party partners acting on behalf of Middletons Estate Agents who are involved in the generation, collection, management, or publication of online reviews or consumer review information.

 

2. Objectives

The objectives of this policy are to:

• Ensure full compliance with the Digital Markets, Competition and Consumers Act 2024 regarding fake and misleading online reviews.
• Protect consumers from deceptive or inaccurate review information.
• Foster a culture of transparency and honesty in all review-related activities.
• Safeguard the reputation and integrity of Middletons Estate Agents.
• Provide clear guidelines for staff on ethical review practices.

 

3. Definitions

• Consumer Review: Any statement, testimonial, or rating (including star ratings, written comments, or other feedback) by a consumer about their experience with our services, products, or brand.
• Fake Review: A consumer review that purports to be, but is not, based on a person's genuine experience. This includes fabricated reviews (positive or negative) or reviews not reflecting a real interaction.
• Incentivised Review: A review written in exchange for something of value (e.g., money, discounts, free services, preferential rates, gifts).
• Concealed Incentivised Review: An incentivised review where the fact of the incentive is not clearly and prominently disclosed to the consumer reading the review.
• Consumer Review Information: Aggregated information derived from consumer reviews, such as overall ratings, summaries, review counts, or rankings.
• Publisher: Any entity (including Middletons Estate Agents) that publishes or provides access to consumer reviews or consumer review information.

 

4. Prohibited Practices (Under the DMCC Act 2024)

Middletons Estate Agents strictly prohibits the following practices:

• Submitting or Commissioning Fake Reviews: We will not create, write, or arrange for the creation or submission of any fake consumer review, whether positive or negative. This includes reviews by employees, contractors, or paid third parties that are not based on genuine experiences.
• Concealing Incentivised Reviews: We will not publish or allow the publication of incentivised reviews without clear, prominent, and unambiguous disclosure of the incentive.
• Publishing Misleading Consumer Review Information: We will not publish consumer reviews or consumer review information (e.g., aggregated ratings, rankings) in a way that is misleading. This includes:
• Selectively publishing or suppressing genuine reviews (e.g., only promoting positive reviews while omitting or downplaying negative ones).
• Manipulating overall ratings or rankings based on fake or incentivised reviews.
• Porting reviews from one service or property to another where they are not relevant.
• Offering or Facilitating Prohibited Practices: We will not offer or facilitate services that enable the submission, commissioning, or publication of fake or concealed incentivised reviews.

 

5. Our Commitment to Genuine Reviews

Middletons Estate Agents is committed to ensuring that all reviews we publish or otherwise use are genuine and reflect the actual experiences of our clients. To achieve this, we will implement and maintain reasonable and proportionate steps, including:

 

5.1. Internal Procedures and Controls

• Clear Policy: This policy will be communicated to all staff, with mandatory training provided to relevant teams (e.g., sales, lettings, marketing, customer service).
• Designated Responsibility: A designated individual or team will be responsible for overseeing compliance with this policy and relevant legislation.
• Review Collection Practices: We will use reputable and secure methods for collecting reviews, primarily through established third-party review platforms or direct feedback mechanisms where authenticity can be reasonably verified.
• Staff Conduct: Employees are strictly prohibited from writing or soliciting fake reviews, using personal accounts to post reviews about the company, or interfering with genuine reviews.

 

5.2. Monitoring and Moderation

• Proactive Monitoring: We will regularly monitor our review channels (e.g., Google My Business, Rightmove, company website) to identify suspicious activity or content that may indicate fake or non-compliant reviews.
• Verification Measures: Where feasible and appropriate for the platform, we will implement measures to verify the authenticity of reviews, such as checking for valid client IDs, property addresses, or transaction dates.
• Removal of Banned Content: Upon identification, confirmed fake reviews, concealed incentivised reviews, or misleading review information will be promptly removed or corrected. Records of such actions will be maintained.
• Addressing Negative Reviews: Genuine negative reviews will be handled constructively and professionally, with a focus on resolving client issues and improving services, rather than attempting to remove or suppress them. Our response strategy will be transparent and aimed at demonstrating our commitment to customer satisfaction.

 

5.3. Transparency Regarding Incentives

• Should Middletons Estate Agents ever offer an incentive for a review (e.g., a prize draw entry for submitting feedback), this will be explicitly and clearly disclosed at the point of request. Furthermore, wherever technically possible on the review platform, the published review itself will clearly state that it was incentivised (e.g., "Review submitted as part of a prize draw entry"). The incentive will never be conditional on the nature or content of the review (e.g., only for 5-star reviews), ensuring the review reflects a genuine experience.

 

5.4. Third-Party Review Platforms and Partners

• When utilising third-party review platforms (e.g., Google, Trustpilot, Feefo), wherever possible we will ensure they have robust policies and mechanisms in place to combat fake reviews and that their practices align with the DMCC Act.

 

5.5. Risk Assessment

• We will conduct regular risk assessments to identify potential vulnerabilities for fake or misleading reviews appearing on our platforms or being associated with our brand. These assessments will inform updates to our procedures and controls.

 

6. Training and Awareness

All employees, particularly those in client-facing roles, marketing, and digital management, will receive training on:

• The requirements and prohibitions of the Digital Markets, Competition and Consumers Act 2024 regarding online reviews.
• How to identify and report suspicious review activity.
• Our internal procedures for handling reviews, including responding to feedback (positive and negative) and managing incentivised review disclosure.
• The importance of ethical conduct in digital marketing.

 

7. Reporting Concerns

Any employee, client, or member of the public who suspects a fake, concealed incentivised, or otherwise misleading review related to Middletons Estate Agents is encouraged to report their concerns their manager.  All reports will be investigated promptly and confidentially.

 

8. Enforcement and Penalties

• Internal Consequences: Any employee or contractor found to be in breach of this policy will face disciplinary action, up to and including termination of employment or contract.
• External Penalties: Non-compliance with the DMCC Act can lead to significant financial penalties imposed by the Competition and Markets Authority (CMA), including fines of up to 10% of global annual turnover or £300,000 (whichever is higher), and ongoing daily fines for continued breaches. Individuals, including directors, may also face personal liability. Middletons Estate Agents is committed to avoiding such penalties through strict adherence to this policy.

 

9. Policy Review

This policy will be reviewed annually to ensure its continued effectiveness and compliance with evolving legislation and best practices.

 

Middletons Estate Agents Date of Last Revision 13/06/2025