IT Conflict under Dutch law

Published on 17 November 2025 · Last updated 27 October 2026

An IT conflict under Dutch law is usually a dispute about a software implementation, a SaaS or hosting service, or a development project that did not deliver what was agreed. It is resolved under the contract and the Dutch Civil Code: notice of default, termination, damages and evidence. Mediation, IT arbitration or a Dutch court with an independent IT expert are the usual routes.

This page is written for foreign software suppliers and foreign customers whose IT contract is governed by Dutch law or who are in a dispute with a Dutch party. It explains how to document the dispute, which legal steps are available, which forum fits and what drives the costs. How IT contracts are drafted is covered on our page on IT contracts under Dutch law. For the wider framework, see our overview of litigation in the Netherlands.

What are common causes of IT conflicts?

Many IT conflicts start with a gap between what the customer expected and what the supplier understood it had to deliver. The contract, the functional specifications and the correspondence then decide who bears the risk.

Unclear specifications. The requirements were never fixed, or changed during the project without a change procedure.
Delays and missed milestones. Deadlines pass, but it is unclear whether they were binding target dates.
Performance below the service levels. Downtime, response times or defects exceed what a service level agreement allows.
Additional work. The supplier invoices extra hours; the customer considers them part of the fixed price.
Cooperation. The customer did not provide data, test environments or decisions in time.

How do you document an IT dispute effectively?

Start documenting as soon as the project or service runs into trouble, not when the dispute escalates. In Dutch proceedings, the party that relies on facts must prove them (Article 150 Dutch Code of Civil Procedure).

Collect the contract, the general terms and conditions, the specifications, the project plan and all change requests.
Keep a log of incidents, test results, tickets and release notes, with dates.
Record decisions from steering committee meetings in minutes that both parties receive.
Secure screenshots, system logs and versions of the software before they are overwritten.
Put complaints in writing and keep proof of sending.

A timely complaint is also a legal requirement, and putting it in writing makes it easy to prove. A creditor who does not protest within a reasonable time after it discovered a defect, or should have discovered it, loses its right to invoke that defect (Article 6:89 Dutch Civil Code). More detail is on our page on the time limit for complaints in the Netherlands.

Which legal route do you have if your IT supplier fails to perform?

Under Dutch law, every failure to perform obliges the supplier to compensate the damage, unless the failure cannot be attributed to it (Article 6:74(1) Dutch Civil Code). As long as performance is still possible, the supplier must first be in default.

Step	What it means	Article
Notice of default (ingebrekestelling)	written demand with a reasonable period to perform; default follows if performance fails within that period	6:82 DCC
Default without notice	for example where a fatal deadline passed or the supplier announced it will not perform	6:83 DCC
Suspension	withholding your own performance, such as payment, insofar as the failure justifies it	6:262 DCC
Termination (ontbinding)	by written declaration or by the court, unless the failure, given its special nature or minor importance, does not justify termination	6:265, 6:267 DCC
Damages	compensation for loss caused by an attributable failure	6:74 DCC

Termination for breach is not the same as giving notice under a long-term service contract. Check the contract first: many IT contracts limit liability, exclude termination for certain failures or require an escalation procedure before a party may go to court.

For the supplier, the same rules work the other way. If the customer does not pay, the supplier may suspend its services insofar as the non-payment justifies it, but suspending a business-critical service without warning can itself lead to a claim. Take advice before switching off a system.

What is mediation and when does it work in an IT dispute?

Mediation is a voluntary negotiation led by an independent mediator. It works best when both parties still want to continue the project or the service, and the dispute is about scope, planning or money rather than about blame.

A mediator has no power to decide. If the parties reach agreement, they record it in a settlement agreement. Mediation is less suitable when the other party refuses to engage, when you need an urgent order, or when a limitation period or contractual deadline is about to expire. In those cases, start proceedings or ask for interim relief and keep the door to a settlement open.

Which forum fits an IT conflict: court, arbitration or binding advice?

That depends first on the contract. If the parties agreed to arbitration, a Dutch court must declare that it has no jurisdiction if a party invokes the arbitration agreement before any other defence, unless the agreement is invalid (Article 1022 Dutch Code of Civil Procedure).

Dutch court. Public, with an appeal on the facts for claims above EUR 1,750 (Article 332 Rv, as at October 2026). The court can appoint an independent IT expert (Article 186 Rv).
IT arbitration. Arbitrators with IT knowledge, confidential, usually without appeal on the merits. In the Netherlands, the Stichting Geschillenoplossing Automatisering (SGOA) offers arbitration, binding advice, mediation and expert reports for IT disputes.
Binding advice. An expert decides as agreed in the contract; the decision binds the parties as a contract, not as a judgment (Article 7:900 Dutch Civil Code). A court can only set it aside if being bound by it would be unacceptable by standards of reasonableness and fairness (Article 7:904).
Summary proceedings (kort geding). For urgent matters, such as the release of source code or the continuation of a service, the preliminary relief judge can grant interim relief (Article 254 Rv). An arbitration agreement does not prevent this (Article 1022a Rv).

Read more about arbitration in our overview of arbitration in the Netherlands.

How does a Dutch court deal with technical questions?

The court can order an expert report at the request of a party or on its own initiative, and appoints the expert after consulting the parties (Article 186 Rv). The expert must work impartially and give both parties the opportunity to comment (Article 190 Rv).

Before a case starts, you can ask the court for a preliminary expert report, for example to establish the state of the software before it is changed or replaced (Article 196 Rv). An arbitration clause does not prevent that request (Article 1022b Rv). Our page on expert investigations in Dutch civil proceedings explains the procedure.

What determines the costs of an IT procedure?

The costs depend mainly on the amount of technical evidence. An expert report can be a significant cost item. The court can ask the expert to estimate the costs and order an advance, normally to be paid by the claimant unless the court decides otherwise (Article 187 Rv).

Court fees are fixed by law and depend on the amount of the claim and the type of party (Court Fees in Civil Cases Act, Wgbz). As a rule, the losing party is ordered to pay the costs of the proceedings (Article 237 Rv), but that order usually covers only part of the actual legal fees. Arbitration has its own fee schedules for arbitrators and the institute.

How do you prevent IT conflicts at the start of a project?

Disputes can often be prevented by clear agreements at the start of the project. Agree in writing on:

functional and technical specifications, and a procedure for changes and additional work;
acceptance tests with clear criteria and consequences;
service levels with measurable targets and remedies;
an escalation procedure and the forum for disputes, including whether an expert or arbitrator decides technical questions;
access to source code, data and documentation if the relationship ends.

You received a notice of default from your Dutch customer: what now?

Respond within the period stated, in writing, and do not ignore it. If the period is reasonable and you do not perform, you are in default and the customer may claim damages or terminate (Article 6:82 and Article 6:265 Dutch Civil Code).

Check whether the complaint is justified, whether the customer met its own obligations, and whether the period is reasonable. Propose a concrete plan, or explain why you dispute the complaint. Your answer will be read by a court or arbitrator later.

Practical example: a failed ERP implementation

Suppose a US software company implements an ERP system for a Dutch distributor under a contract governed by Dutch law. The go-live is postponed twice. The distributor withholds payment and sends a notice of default with a period of ten days to deliver a working system.

The supplier argues that the delays were caused by late data deliveries from the distributor. Both parties then need evidence: project minutes, tickets and the history of the specifications. A preliminary expert report on the state of the system, before the distributor replaces it, prevents a later discussion about what was delivered. With that report on the table, mediation or a settlement becomes realistic.

When should you involve a Dutch lawyer in an IT conflict?

Involve a Dutch lawyer when a project or service is at risk and before you send or answer a notice of default, suspend performance or terminate. Those steps have legal consequences that are difficult to reverse.

MAAK Advocaten in Amsterdam advises foreign and Dutch businesses on IT contracts and IT disputes under Dutch law and litigates before the Dutch courts, in first instance and on appeal, and in arbitration. Read more about our work as a litigation attorney in the Netherlands.

Frequently asked questions about IT conflicts under Dutch law

How do you resolve an IT conflict under Dutch law?

Start with the contract and its escalation procedure, document the problems and put complaints in writing. If negotiation fails, the options are mediation, binding advice, IT arbitration or proceedings before a Dutch court, which can appoint an independent IT expert (Article 186 Dutch Code of Civil Procedure).

Is a notice of default needed in an IT contract dispute?

Usually yes, as long as performance is still possible. The supplier is in default after a written demand with a reasonable period to perform (Article 6:82 Dutch Civil Code), unless an exception applies, such as a fatal deadline or a statement that it will not perform (Article 6:83).

Can you terminate an IT contract if the software does not work?

Yes, if the supplier fails to perform and, where performance is still possible, is in default. Termination is excluded if the failure, given its special nature or minor importance, does not justify it (Article 6:265 Dutch Civil Code). Check the contract for limitations first.

Can a Dutch court appoint an IT expert?

Yes. The court can order an expert report at a party’s request or on its own initiative and appoints the expert after consulting the parties (Article 186 Dutch Code of Civil Procedure). Before a case starts, a preliminary expert report can be requested (Article 196).

Does an arbitration clause in an IT contract prevent court proceedings?

Largely, yes. A Dutch court declares that it has no jurisdiction if a party invokes a valid arbitration agreement before any other defence (Article 1022 Dutch Code of Civil Procedure). Summary proceedings and preliminary evidence measures remain available (Articles 1022a and 1022b).