Product liability in the Netherlands

Published on 15 May 2022 · Last updated 28 October 2026

Product liability in the Netherlands rests on three routes: strict liability of the producer for defective products (Article 6:185 Dutch Civil Code), contractual liability towards your own buyer and liability in tort. Which route a claimant uses depends on who suffered the damage, and that is where business-to-business claims and consumer claims part ways.

This page is for foreign manufacturers, importers and distributors that supply products to or through the Netherlands and want to know how a claim reaches them, how they can pass it up the chain and what changes under the new Product Liability Directive (EU) 2024/2853. The rules of the strict liability regime itself are explained on our page on product liability under Dutch law. Already facing a claim? Talk to a Dutch product liability lawyer.

Which legal routes does Dutch product liability law offer?

Three routes exist side by side: strict product liability of the producer, contractual liability of the seller and liability in tort. The injured person can rely on the strict regime without losing the other routes (Article 6:193 Dutch Civil Code).

Route	Against whom	What the claimant proves	Typical claimant
Strict product liability (Articles 6:185-6:193)	Producer, EEA importer, in some cases the supplier	Damage, defect and causal link (Article 6:188)	Consumer with injury or damage to private property
Contract (Article 7:17, 6:74)	Own seller only	Non-conformity, timely notice, damage	Business buyer
Tort (Article 6:162)	Anyone who acted unlawfully	Unlawful act, attribution, damage, causal link	Business without a contract with the manufacturer

Who is a producer under Dutch product liability law?

The manufacturer of the finished product, of a raw material or of a component, and anyone who puts its name, trade mark or other distinguishing feature on the product. Anyone who imports a product into the European Economic Area (EEA) in the course of its business is treated as the producer as well (Article 6:187(2) and (3) Dutch Civil Code).

If the producer cannot be identified, every supplier is treated as the producer unless it tells the injured person within a reasonable time who the producer or its own supplier is. The same applies to an imported product if the importer cannot be identified (Article 6:187(4)). For a non-EU brand, the practical effect is that the Dutch or EU importer is usually the first party to receive the claim. Several liable producers are each liable for the whole damage (Article 6:189).

Why does strict product liability rarely help a business claimant?

Because the strict regime only covers death, personal injury and damage to property that is ordinarily intended for private use and was mainly used privately, with a deductible of €500 (Article 6:190(1) Dutch Civil Code). Damage to machinery, stock or other business property falls outside it.

A business that suffers damage from a defective component therefore claims in contract against its seller or in tort against the manufacturer. In contract, the buyer must show that the goods do not have the properties it could expect under the contract (Article 7:17) and must notify the seller within a reasonable time after discovering, or when it should reasonably have discovered, the defect; claims then become time-barred two years after that notice (Article 7:23(1) and (2)). Damages follow from Article 6:74, unless the failure cannot be attributed to the seller.

In tort, the claimant must prove an unlawful act that can be attributed to the manufacturer, for instance putting a product into circulation that does not meet the standard of care (Article 6:162 Dutch Civil Code). That is a heavier burden than under the strict regime, where fault does not have to be proved.

Which defences can a producer raise?

The producer is not liable if, among other things, it did not put the product into circulation, the defect probably did not exist when it did so, the defect results from compliance with mandatory government regulations, or the state of scientific and technical knowledge made the defect impossible to discover (Article 6:185(1) Dutch Civil Code).

A component manufacturer can also show that the defect is due to the design of the product in which its component was fitted, or to the instructions of that product’s manufacturer (Article 6:185(1)(f)). Liability can be reduced if the injured person was also at fault, but not because a third party also contributed (Article 6:185(2) and (3)). Towards the injured person, strict liability cannot be excluded or limited by contract (Article 6:192(1)).

How long can a product liability claim be brought?

Three years from the day after the injured person knew or should have known of the damage, the defect and the producer’s identity, and in any event no later than ten years after the producer put the product into circulation (Article 6:191 Dutch Civil Code).

The ten-year period also applies to a third party that is jointly liable and wants recourse against the producer (Article 6:191(2)). For an importer that pays a consumer, that means watching the date on which the manufacturer put the product into circulation, not only the date of the claim.

How do you recover a claim from your supplier?

Through recourse. Where two or more parties must compensate the same damage, they are jointly and severally liable, and the damage is divided between them in proportion to their share in causing it, unless the law or a contract provides otherwise (Article 6:102 and 6:10 Dutch Civil Code).

A seller that compensated a consumer for non-conformity can in principle recover that loss from the business it bought the goods from (Article 7:25 Dutch Civil Code), unless the defect concerns facts the seller knew or should have known, and not for the strict-liability damage referred to in Article 7:24(2) (Article 7:25(3) and (6)). Outside consumer sales, recourse is largely a matter of contract: indemnities, limitation clauses, notice periods, insurance and the applicable law. Our pages on the limitation of liability under Dutch law and on non-conformity of delivered products explain those clauses.

Has your Dutch distributor or a customer sent you a liability notice? Have the claim and your contracts reviewed before you respond.

What changes under the new Product Liability Directive (EU) 2024/2853?

Directive (EU) 2024/2853 replaces Directive 85/374/EEC for products placed on the market or put into service after 9 December 2026. Member States must transpose it by that date. Products placed on the market earlier remain under the old regime (Articles 2(1), 21 and 22(1) of Directive (EU) 2024/2853).

The main changes for a supply chain:

software, digital manufacturing files and raw materials are expressly products (Article 4(1));
where the manufacturer is established outside the EU, the importer, the authorised representative and, if neither exists, the fulfilment service provider can be liable (Article 8(1)(c));
where no liable economic operator established in the EU can be identified, a distributor is liable if it does not name one, or its own supplier, within one month of a request (Article 8(3));
damage to property used exclusively for professional purposes stays excluded, but loss or corruption of data not used for professional purposes is covered (Article 6(1));
defectiveness is presumed in defined cases, for instance where the product does not comply with mandatory product safety requirements meant to protect against the damage suffered (Article 10(2));
liability towards the injured person cannot be limited or excluded by contract or national law (Article 15), and the ten-year period becomes 25 years for latent personal injury (Article 17(2)).

Has the Netherlands implemented the new Product Liability Directive?

Not yet. The implementing bill, the Implementatiewet richtlijn herziening productaansprakelijkheid (bill 36 906), was passed by the House of Representatives on 15 October 2026 and is now before the Senate. It enters into force on a date to be set by Royal Decree.

As introduced, the bill amends the product liability rules in Book 6 of the Dutch Civil Code, Article 7:24(2) and the Transitional Act for the new Civil Code. Its transitional rule provides that the new wording does not apply to products placed on the market or put into service before 9 December 2026, which remain under Articles 6:185-6:193 in their current wording (bill 36 906, Article III). Until the bill is published in the Bulletin of Acts and Decrees (Staatsblad), Articles 6:185-6:193 apply as they stand.

Practical example: a German component supplier and a Dutch machine builder

Suppose a German company supplies hydraulic valves to a Dutch machine builder. A valve fails, a machine at a Dutch food plant stops, and the plant loses a week of production. A worker is also slightly injured.

The plant’s production loss is business damage: it claims in contract against the machine builder, which must have been notified in time. The worker can claim under the strict regime against the machine builder as producer of the finished product and against the valve manufacturer as producer of the component, who are each liable for the whole (Article 6:189). The machine builder then seeks recourse from the German supplier under their supply agreement, where the limitation clause, the notice period and the choice of law decide how much it can recover.

When do you need a Dutch lawyer for a product liability claim?

When a liability notice arrives, when an insurer asks for a defence strategy, when you need to recover a claim from a supplier, or when you redraft supply and distribution contracts before the new directive applies.

MAAK Advocaten in Amsterdam acts for manufacturers, importers, distributors and their insurers in product liability claims. We assess the claim, secure evidence, conduct recourse against suppliers and litigate before the Dutch courts in first instance and on appeal. For product safety duties and recalls, see our page on recalls under Dutch law; for representation in a claim, see our Dutch product liability lawyer page.

Frequently asked questions about product liability in the Netherlands

Can a business claim under the Dutch strict product liability rules?

Only for death or personal injury and for damage to property ordinarily intended for private use and mainly used privately (Article 6:190(1) Dutch Civil Code). Damage to business property is claimed in contract or tort.

Is an importer liable for a product made outside the EU?

Yes. Anyone who imports a product into the EEA in the course of business is treated as the producer, alongside the manufacturer (Article 6:187(3) Dutch Civil Code).

When does the new Product Liability Directive apply?

It covers products placed on the market or put into service after 9 December 2026 (Article 2(1) Directive (EU) 2024/2853). As a directive, it reaches companies through national law; the Dutch implementing bill (36 906) is still before the Senate. Older products stay under the current rules (Article 21).

Can I exclude product liability in my terms and conditions?

Not towards the injured person: Article 6:192(1) Dutch Civil Code prohibits it, and so will Article 15 of the new directive. Between businesses, you can agree on recourse and indemnities.

How long can a product liability claim be brought in the Netherlands?

Three years from when the injured person knew or should have known of the damage, the defect and the producer, and at the latest ten years after the product was put into circulation (Article 6:191 Dutch Civil Code).

Primary sources

Dutch statutes are only officially available in Dutch, on wetten.overheid.nl. Judgments can be found on rechtspraak.nl by their ECLI number. Legal position checked on 28 October 2026.