(In)appropriate responses by service providers to negative customer reviews online
In the age of digital media, opinions and reviews are constantly being posted online. This applies not only to product reviews on online marketplaces, but also to reviews of services provided by professionals such as tax advisors and lawyers (doctors are also frequently affected) to their clients.
While positive feedback is generally welcomed without comment, it is the critical expressions of customer dissatisfaction that often prompt the criticized service providers to respond publicly. Such a response can be appropriate, but it requires particular caution on the part of service providers, as they must adhere to general rules and regulations. The Disciplinary Court for Attorneys in Munich (decision of February 1, 2022—BayAGH II-3-9/21, NWB OAAAJ-42234) has comprehensively examined when and under what circumstances such responses may violate professional obligations of confidentiality and objectivity.
Legal Framework for Online Statements and Social Media
When individuals publicly express their opinions and post reviews of services provided by professionals on the internet, the rights and interests of the reviewers and the service providers come into conflict. This tension must be resolved by balancing the customer’s freedom of expression, the right of the reviewed party to privacy and freedom of occupation, and the platform operator’s freedom of communication (Article 5, Paragraph 1 of the German Basic Law).
Customers have the right to express their opinions about the services provided by service providers, as long as they do not make defamatory or untrue statements. The service providers being reviewed, in turn, have the right to privacy and freedom of occupation, but should handle negative reviews objectively and professionally. Service providers must maintain confidentiality, act objectively, and observe professional regulations. Through appropriate responses, conflicts can be resolved and customer trust restored.
Requirements for Service Providers When Responding to Negative Customer Reviews
Service providers must follow specific standards of conduct and ethical guidelines to maintain confidentiality and objectivity toward their customers. When dealing with negative customer reviews online, they must therefore be cautious not to violate these professional obligations.
No confidential information about customers may be disclosed unless they have given their express consent or there is a legal obligation to disclose it.
Responses to negative customer reviews must be factual, professional, and free of personal feelings or biases. Professional conduct rules must also be observed; violating these rules through inappropriate responses to negative customer reviews can have professional consequences.
Conclusion
Service providers should exercise particular caution when dealing with negative customer reviews online. Responses should not disclose confidential information, should remain objective and professional, and must comply with professional ethics rules. Through appropriate and constructive communication, service providers who have been reviewed can help restore customer trust and resolve potential conflicts.
