The prohibition on unfair or deceptive practices: From a consumer-protection standpoint, which principle does
Unsubstantiated claims likely to mislead consumers fall under the prohibition on unfair or deceptive practices.
The question
A firm advertises that its AI app 'guarantees' users will pass professional licensing exams, a claim it cannot substantiate. From a consumer-protection standpoint, which principle does this most directly implicate?
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- The requirement to conduct a data protection impact assessment before the app processes any of the users' personal data.Plausible but wrong: a DPIA is a privacy duty, unrelated to the misleading advertising claim.
- The prohibition on unfair or deceptive practices, since unsubstantiated claims are likely to mislead ordinary consumers. ✓Correct: unsubstantiated 'guarantee' claims that mislead consumers are deceptive practices.
- The obligation to obtain a CE mark certifying that the app meets high-risk conformity-assessment requirements beforehand.Wrong: CE marking is a product-conformity concept, not a consumer-protection advertising rule.
- The rule that all software must carry a two-year warranty regardless of whether its advertising claims are truthful at all.Wrong: warranty duration does not address the deceptive nature of the advertising claim.
The trap
Confusing a deceptive-advertising issue with unrelated privacy or product-conformity obligations. How to remember it
Unsubstantiated claims likely to mislead consumers fall under the prohibition on unfair or deceptive practices.
How many of these would you get right?
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Every answer, right and wrong, comes with its own explanation.