Testimonial & Review Policy
A policy governing how customer testimonials and reviews are solicited, displayed, and managed, ensuring FTC compliance and authentic representation.
What is a Testimonial & Review Policy?
A policy governing how customer testimonials and reviews are solicited, displayed, and managed, ensuring FTC compliance and authentic representation.
While not always mandated by statute, a Testimonial & Review Policy is widely considered best practice across US, UK, EU and can significantly reduce your legal exposure.
Who Needs a Testimonial & Review Policy?
Businesses displaying customer reviews or testimonials on their website or in advertising.
- Any organisation that businesses displaying customer reviews or testimonials on their website or in advertising
- Businesses operating in US and UK
- Anyone using third-party services that process data on your behalf
Legal Framework
FTC Endorsement Guides 16 CFR 255, ASA CAP Code (UK), EU Omnibus Directive.
US
Applicable national and regional regulations
UK
UK GDPR — ICO enforcement
EU
EU GDPR — up to €20M or 4% turnover
What Your Testimonial & Review Policy Must Include
- 1
Authenticity Requirements
Authenticity Requirements — Clearly define authenticity requirements so users and regulators understand its scope and why it matters for your compliance obligations.
- 2
Incentivised Review Disclosure
Incentivised Review Disclosure — Clearly define incentivised review disclosure so users and regulators understand its scope and why it matters for your compliance obligations.
- 3
Review Submission Process
Review Submission Process — Clearly define review submission process so users and regulators understand its scope and why it matters for your compliance obligations.
- 4
Moderation Policy
Moderation Policy — Clearly define moderation policy so users and regulators understand its scope and why it matters for your compliance obligations.
- 5
Negative Review Handling
Negative Review Handling — Clearly define negative review handling so users and regulators understand its scope and why it matters for your compliance obligations.
- 6
Typicality Disclaimers
Typicality Disclaimers — Clearly define typicality disclaimers so users and regulators understand its scope and why it matters for your compliance obligations.
- 7
Endorsement Disclosures
Endorsement Disclosures — Clearly define endorsement disclosures so users and regulators understand its scope and why it matters for your compliance obligations.
- 8
Review Removal
Review Removal — Clearly define review removal so users and regulators understand its scope and why it matters for your compliance obligations.
How to Write a Testimonial & Review Policy
Building a compliant Testimonial & Review Policy from scratch takes legal expertise and hours of research. Here is a framework covering the core steps:
- 1Step 1: Authenticity Requirements — Document this section completely and accurately. Vague or incomplete disclosures can be treated as violations even if the underlying practice is compliant.
- 2Step 2: Incentivised Review Disclosure — Document this section completely and accurately. Vague or incomplete disclosures can be treated as violations even if the underlying practice is compliant.
- 3Step 3: Review Submission Process — Document this section completely and accurately. Vague or incomplete disclosures can be treated as violations even if the underlying practice is compliant.
- 4Step 4: Moderation Policy — Document this section completely and accurately. Vague or incomplete disclosures can be treated as violations even if the underlying practice is compliant.
- 5Step 5: Negative Review Handling — Document this section completely and accurately. Vague or incomplete disclosures can be treated as violations even if the underlying practice is compliant.
- 6Step 6: Typicality Disclaimers — Document this section completely and accurately. Vague or incomplete disclosures can be treated as violations even if the underlying practice is compliant.
- 7Final step: Legal review — Review with qualified legal counsel before publishing, especially if operating in high-risk jurisdictions.
Common Mistakes to Avoid
Copying another website's Testimonial & Review Policy verbatim — Every business has different data flows. A generic copy may fail to disclose what you actually do, creating false statements that are worse than no policy at all.
Using vague or ambiguous language — Regulators and courts expect plain, specific language. Phrases like "we may share your data with partners" are too vague and regularly cited in enforcement actions.
Forgetting to update after product changes — Your Testimonial & Review Policy must reflect current practice. Outdated policies are a compliance liability — some regulators treat an outdated policy as a violation in itself.
Not making your Testimonial & Review Policy easy to find — Buried in a footer or behind multiple clicks, your policy may not meet the "easily accessible" standard required by most regulations.
Missing jurisdiction-specific requirements — A policy compliant in one jurisdiction may still fail in another. If you operate across US and UK, you need to address each framework's specific requirements.
How Often Should You Update Your Testimonial & Review Policy?
At minimum, review your Testimonial & Review Policy once a year — and immediately whenever you: change the data you collect, add new third-party tools, enter new jurisdictions, or experience a data incident.
Consequences of Non-Compliance
Beyond financial penalties, non-compliance with Testimonial & Review Policy requirements can result in: reputational damage and loss of customer trust, app store removal (for mobile apps), inability to process payments (for ecommerce), and difficulty attracting enterprise customers who require compliance evidence.
Frequently Asked Questions
Is a Testimonial & Review Policy legally required?
While not universally mandated by statute, a Testimonial & Review Policy is strongly recommended — and required in many specific contexts and jurisdictions.
How long should a Testimonial & Review Policy be?
A typical Testimonial & Review Policy runs 3 pages. Length matters less than completeness — every required disclosure must be present, written in plain language that users can understand.
How often should I update my Testimonial & Review Policy?
At minimum, review your Testimonial & Review Policy once a year — and immediately after any business change.
What are the penalties for not having a Testimonial & Review Policy?
FTC fines for fake reviews or undisclosed incentives. EU Omnibus: fines for non-disclosure of paid reviews.
Can I use a free Testimonial & Review Policy template?
Free templates are a starting point, not a solution. A template that was not drafted for your specific business, jurisdiction, and data practices may create false statements — which is legally worse than having no policy at all. Always customise any template and have it reviewed by qualified counsel.
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Read guidePolicifyAI is a technology provider, not a law firm. The information on this page is for orientation only and is not legal advice. Generated templates are intended as a structured starting point for review by qualified counsel before publication.