German Court Rules Online Review Platforms Must Provide Evidence to Companies Challenging Negative Reviews

The Oberlandesgericht (OLG) Frankfurt am Main has issued a significant ruling requiring operators of online review platforms to grant companies access to documentation regarding customer relationships when the company seeks to remove negative reviews. This decision arose from a case where a company contested a damaging review posted under a pseudonymous account claiming no business relationship existed with the reviewer. Although the review platform was able to demonstrate that a business relationship did exist during the proceedings, the company argued the negative review violated its personal rights under German law (BGB).

The court determined the platform breached its duty by failing to share relevant documents that could verify the business relationship with the company. While the platform is not obligated to pre-screen user-generated content for legal violations, it becomes responsible once it has knowledge of a clear and obvious legal breach. The OLG emphasized that the right of the affected company to verify the existence of a business relationship should not be undermined by unilateral assessment by the platform. Consequently, the platform’s failure to provide necessary evidence led to cost liability and the conclusion that the review should have been deleted at the time the lawsuit was filed.

This ruling clarifies the responsibilities of online review platforms in Germany, reinforcing that once a platform is aware of unlawful content, it must engage transparently with the affected companies, including sharing essential evidence. The court’s decision underlines the need for digital platform accountability, particularly in balancing freedom of expression with protection of personal rights in business contexts.