Iris Zantinge Iris Zantinge

Iris Zantinge is a product law specialist (jurist productrecht) at MAAK Advocaten in Amsterdam. Her practice focuses on the legal questions that arise when products cause damage or fail to meet contractual arrangements. Iris combines in depth knowledge of liability law (aansprakelijkheidsrecht) with a sharp understanding of European product regulation. That combination makes her, namely, particularly effective in cases where parties disagree over who bears the loss. She is a natural point of contact for international and English speaking clients who bring products to the Dutch and European market.

What makes Iris Zantinge a specialist in product law?

Iris Zantinge works at the intersection of liability law and product law. These two fields constantly meet in the manufacturing industry, but rarely sit in one hand. She understands how supply chains work and what obligations each link in the chain carries. She therefore looks beyond the immediate contracting parties: she maps the entire chain and determines who is truly liable.

That chain approach is her strongest instrument. Damage caused by a defective product is, after all, rarely the result of a single error in a single place. A defective component from a supplier, an importer that failed to check the conformity documentation, or a distributor that placed a product in the wrong market: Iris traces the cause and then determines how liability is allocated. She also works closely with specialists in product regulation, contract law and disputes and proceedings within MAAK’s Product Compliance team. Would you like to speak with her directly? Contact her or call +31 (0) 20 210 31 38.

What is product liability, and when are you liable as a producer?

Product liability (productaansprakelijkheid) is the statutory liability of a producer, importer or distributor for damage caused by a defective product. A product is, namely, defective when it does not offer the safety that one may reasonably expect from it. Under the revised Product Liability Directive (EU 2024/2853), damage caused by defective software, AI systems and integrated digital services now also falls within this regime.

Iris assists organisations on both sides of a product liability claim. As claimant, she helps consumers and business customers to bring their claim correctly. As defendant, she analyses the weak points in the claim: is the product truly defective, was the damage caused by the defect, and is the party addressed the right one? That two way approach makes her advice complete and realistic. Her services in product liability include:

Assistance with claims from consumers, business customers and chain parties, both national and international
Assessment of technical documentation and test results as substantiation or defence, including CE conformity
Allocation of liability in the chain for nonconforming (non-conforme) or unsafe products
Preventive liability advice on product design, production processes and supply chain
Coordination of technical experts and court appointed experts
Guidance on questions of liability insurance and criminal law risks

How does Iris resolve disputes within the manufacturing chain?

Chain disputes (ketengeschillen) arise when parties disagree over who is responsible for a defect or who bears the loss. These disputes are, however, more complex than a standard commercial conflict. The facts are namely technical in nature, the chain counts several parties, and product regulation determines what each party should have done.

Iris Zantinge sees through that complexity quickly. She maps the actual course of events and then establishes where the failure lies in legal terms. On that basis she chooses the most effective litigation strategy: out of court negotiation, summary proceedings (kort geding) where there is an urgent interest, proceedings on the merits (bodemprocedure) for a final decision, or international arbitration before the NAI or the ICC. Typical chain disputes in which Iris acts are:

A customer bringing claims for nonconformity of delivered products or components
A manufacturer taking recourse against its supplier after a product liability claim by an end user
An importer addressed for a defect that arose in the production process of the foreign manufacturer
A distributor that believes it has been wrongly addressed for damage arising from an earlier link
Disputes over warranty clauses, conformity requirements and quality specifications in supplier contracts
Recourse claims between chain parties after a product recall (terugroepactie)

Case example: MAAK Advocaten obtained a victory for a client whose counterparty refused to accept 500,000 ordered products. The ’s-Hertogenbosch Court of Appeal ruled that a valid sales contract (koopovereenkomst) existed. The counterparty consequently paid over € 1.3 million in damages and over € 67,000 in legal costs (ECLI:NL:GHSHE:2025:2680).

What are your options in case of breach of contract in the manufacturing industry?

A breach of contract (wanprestatie) in the manufacturing chain has different dimensions than in a standard commercial relationship. A supplier that fails to provide CE documentation, a customer that refuses products on the basis of alleged nonconformity, or a distributor that unilaterally stops performing its obligations: all of these situations touch, namely, on both contract law and product regulation at the same time.

In case of breach of contract, Iris immediately analyses three questions. Is the failure serious enough to justify dissolution? Was the counterparty put in default in time? What damage has your organisation suffered, and how do you prove it? On that basis she advises on claiming performance, dissolving the agreement (ontbinding) under Article 6:265 of the Dutch Civil Code (BW), or claiming damages (schadevergoeding). Where there is an urgent interest, she also starts summary proceedings directly.

Iris also advises on the duty to complain in time (klachtplicht) under Article 6:89 BW. A complaint filed too late namely blocks your claim entirely, even when the defect is evident. Acting in time is therefore essential.

How does Iris advise on liability outside the product sphere?

Liability law extends beyond product liability alone. Iris Zantinge also advises on wrongful act (onrechtmatige daad), damage from breach of contract and the allocation of liability in cases of complex causation. This includes, among other things:

Wrongful act (onrechtmatige daad): being addressed outside a contractual relationship, for example for damage to a third party that is not a contracting party
Recourse and recovery: recovering the damage from the party in the chain that is truly responsible
Contributory fault and mitigation: the influence of the conduct of the injured party on the extent of the obligation to compensate
Quantification of damage: calculating the loss suffered, lost profit and future damage in a way that convinces the court
Insurance and liability: the relationship between liability claims and insurance claims, including cover and exclusions

How does Iris defend your organisation in enforcement actions by the NVWA or ILT?

In enforcement actions by supervisory authorities, a great deal is namely at stake: financially, but also for the reputation and market position of your organisation. The message is always the same: have your position assessed as quickly as possible and thereby limit reputational damage. Iris represents companies in enforcement actions by the NVWA (Netherlands Food and Consumer Product Safety Authority), the Radiocommunications Agency (RDI), the Human Environment and Transport Inspectorate (ILT) and the Netherlands Labour Authority (NLA). She acts in all forms of administrative enforcement:

Written warnings: immediate assessment of the legal tenability and a response that prevents escalation
Order subject to a penalty (last onder dwangsom): analysis of the lawfulness, monitoring of the compliance period, and objection or appeal where necessary
Administrative fines: review of the basis and challenge of the amount for unjustified fines
Product recalls: guidance through the entire procedure and limitation of liability and reputational damage
Sales bans: where necessary, suspension through an interim measure (voorlopige voorziening) while the main proceedings run
Seizure or destruction of products: safeguarding your rights and claiming return or damages
Publication of violations (naming and shaming): intervening to prevent publication and, where necessary, claiming rectification
Intensified supervision and reinspections: guidance on the preparation and monitoring of the authority’s powers

Alongside defence, Iris also guides your organisation in the strategic use of supervisory authorities. When a competitor structurally fails to comply with product regulation, the targeted involvement of the NVWA or ILT can namely restore the level playing field.

How does Iris draft contracts that limit your liability risk?

The best protection against liability claims is a well drafted contract. A commercial agreement that sets clear conformity requirements and records the allocation of liability limits the risk of disputes. It moreover strengthens your position when a dispute nevertheless arises.

Iris drafts supplier contracts with conformity obligations and liability limitations. She also reviews distribution agreements (distributieovereenkomsten) for liability risks and draws up general terms and conditions (algemene voorwaarden) with legally sound exclusion clauses (exoneratieclausules). In addition, she advises on indemnity clauses (vrijwaringsclausules) by which chain parties agree who bears the loss in the event of a liability claim. These indemnity clauses are, namely, of crucial strategic value in the manufacturing industry.

What are the costs of legal advice on product law?

The costs depend on the complexity of the matter and the scope of the work. Iris generally works on an hourly basis at MAAK Advocaten. In addition, MAAK offers the LAAP approach (Law As A Product): a fixed price per defined legal product, such as a liability analysis, a contract review or a compliance scan of your supply chain. That gives your organisation cost transparency in advance.

Iris always discusses the costs transparently beforehand. In that discussion she weighs what preventive advice saves against the costs of a liability procedure or a product recall. A free introductory conversation is always possible. Call +31 (0) 20 210 31 38 or send an email to mail@maakadvocaten.nl.

Why do organisations choose Iris Zantinge as their product law specialist in Amsterdam?

Iris Zantinge is the specialist for organisations that face products which cause damage or give rise to a chain dispute. Her analytical approach and broad liability law expertise make her particularly effective in complex multiparty disputes. Such disputes are namely characterised by the fact that legal responsibility does not lie unambiguously with a single party.

Clients value her directness and her ability to identify the core of a dispute quickly. She is active in automotive, mechanical engineering, life sciences, construction products, electronics and consumer products. Whether it concerns a product liability claim, a chain dispute over nonconformity, a recourse claim against a supplier, defence in an NVWA enforcement action or the drafting of liability proof supplier contracts: MAAK Advocaten in Amsterdam is ready, for foreign and Dutch companies alike.

Do you have a question about product law, product liability or a dispute in the manufacturing chain? You are also welcome to request a second opinion on an ongoing matter. Contact Iris Zantinge for a no obligation conversation on +31 (0) 20 210 31 38 or iris.zantinge@maakadvocaten.nl. She responds within one working day and gives you clear advice on your position and the best approach.