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The EU Product Liability Directive (Directive (EU) 2024/2853) covers products placed on the EU market from 9 December 2026. If you manufacture outside the EU and sell into the Netherlands, your authorised representative or fulfilment partner can be liable next to you and your importer. Agree now who pays, and have those contracts checked under Dutch law.
This article sits under our overview of EU product law for companies selling into the Netherlands.
Who is liable under the EU Product Liability Directive?
The manufacturer is liable for damage caused by a defective product. If it is established outside the EU, the importer and the authorised representative are liable too, and the fulfilment service provider where neither exists (Article 8 Directive (EU) 2024/2853).
| Economic operator (marktdeelnemer) | Liability under the directive |
|---|---|
| Manufacturer, including whoever puts its name or trademark on the product (Art. 4(10)) | liable (Art. 8(1)(a)) |
| Manufacturer of a component, such as software | liable if its component made the product defective (Art. 8(1)(b)) |
| Importer of a product from a third country (Art. 4(12)) | liable where the manufacturer is outside the EU (Art. 8(1)(c)(i)) |
| Authorised representative with a written mandate (Art. 4(11)) | liable where the manufacturer is outside the EU (Art. 8(1)(c)(ii)) |
| Fulfilment service provider: at least two of warehousing, packaging, addressing and dispatching (Art. 4(13)) | liable only if there is no EU importer or authorised representative (Art. 8(1)(c)(iii)) |
| Distributor, and under conditions an online platform | liable if no EU economic operator can be identified and it fails to name one, or its own supplier, within one month of a request (Art. 8(3)–(4)) |
Your role can change. Whoever substantially modifies a product outside the manufacturer’s control and then makes it available is treated as its manufacturer (Article 8(2)).
What changes for a non-EU manufacturer and its EU partners?
The circle of liable parties in the EU grows. Your importer is already liable today: under current Dutch law anyone who imports a product into the European Economic Area in the course of business is treated as its producer (Article 6:187(3) BW). From 9 December 2026 the importer is liable where the manufacturer is established outside the EU, and your authorised representative and, without either, your fulfilment centre join it, jointly and severally with you (Articles 8(1)(c) and 12(1)).
Towards the injured person, liability cannot be excluded by contract (Article 15). Between yourselves, recourse under national law divides the risk (Article 14).
A manufacturer outside the EU often assumes that liability lies with the importer once the importer brings the product in. But you remain liable yourself, and the importer, authorised representative or fulfilment partner only come in alongside you. Those partners will therefore ask you for security. If you arrange that properly in advance, your distribution in the Netherlands keeps running.
Four further changes matter for your contracts:
- Software is a product, and so are digital manufacturing files and raw materials (Article 4(1)).
- A lack of software updates needed to maintain safety removes the defence that the defect arose later, if within the manufacturer’s control (Article 11(2)(c)).
- A court can order a defendant to disclose relevant evidence; a defendant who does not disclose faces a rebuttable presumption of defect (Articles 9 and 10(2)(a)).
- Damage now includes medically recognised damage to psychological health and destroyed or corrupted data not used for professional purposes; property used exclusively for professional purposes stays outside (Article 6(1)).
As EU importer or authorised representative, ask the manufacturer for an indemnity (vrijwaring), proof of insurance and access to the technical documentation.
When does the new Product Liability Directive apply?
The new directive applies to products placed on the market or put into service from 9 December 2026. Products placed on the market before that date stay under the old Directive 85/374/EEC (Article 21).
Article 2(1), as corrected on 7 May 2026, covers products placed on the market “after 8 December 2026” (corrigendum).
| Event | Date | Source |
|---|---|---|
| Adoption | 23 October 2024 | title of the directive |
| Entry into force | twentieth day after publication | Art. 23 |
| Application | products placed on the market or put into service from 9 December 2026 | Art. 2(1), as corrected |
| Repeal of Directive 85/374/EEC | with effect from 9 December 2026; it still covers products placed on the market before that date | Art. 21 |
| Transposition deadline | 9 December 2026 | Art. 22(1) |
| Dutch implementation | bill 36 906, adopted by the Tweede Kamer (House of Representatives), pending in the Eerste Kamer (Senate) as at 28 October 2026 | Kamerstukken 36 906 |
The directive provides for no delegated or implementing acts. Two regimes will run side by side, so your records must show per batch when it reached the market.
Before 9 December 2026 I recommend four things:
- Map which products and batches reach the market from 9 December 2026, because they fall under the new rules; older batches stay under the old ones.
- Review your contracts with suppliers and customers for indemnity, recourse and documentation.
- If your product contains software, record how long you will provide security updates.
- Ask your insurer whether your policy covers the wider circle of liable parties and the new types of damage.
That can be done in a few weeks, and then you are ready.
How does the Product Liability Directive work in the Netherlands?
In the Netherlands the directive is implemented by a bill that is not yet law: the Implementatiewet richtlijn herziening productaansprakelijkheid (Kamerstukken 36 906, nr. 2), which amends Book 6 of the Dutch Civil Code (Burgerlijk Wetboek, BW).
The Tweede Kamer adopted it on 15 October 2026. If no Senate committee member asks for written preparation by 3 November 2026, the Senate can adopt it on 10 November 2026 at the earliest (status at the Eerste Kamer, 28 October 2026). A Royal Decree (koninklijk besluit) will set the date of entry into force (Article IV).
The bill follows the directive closely, which it must: Member States may not keep or introduce stricter or less strict rules unless the directive allows it (Article 3).
- Proposed Article 6:187 BW takes over the circle of liable parties from Article 8.
- Proposed Article 6:190 BW follows the types of damage, without the current deductible for property damage.
- The development risk defence stays (proposed Article 6:185(1)(e) BW).
- Products placed on the market before 9 December 2026 stay under the current rules (proposed Article 189aa Overgangswet nieuw BW).
Product liability is civil law: no regulator, no fine. In Dutch proceedings the claim is heard by the rechtbank (district court), with appeal to the gerechtshof (court of appeal); the injured person, or an insurer that has taken over the claim, brings it (Article 5(2)). If your product is sold in the Netherlands and injures a user living there, Rome II as a rule points to Dutch law, with exceptions (Article 5(1)(a) Regulation (EC) No 864/2007).
The current rules are explained in product liability under Dutch law; contractual routes in product liability in the Netherlands.
Is your Dutch importer or authorised representative asking for new terms before 9 December 2026? Have Martin Krüger, product law partner at MAAK Advocaten, check the role split, indemnity and recourse under Dutch law before you sign.
What should you do when your Dutch importer asks for an indemnity?
When your Dutch importer asks for a product liability indemnity, the request is legitimate: under the directive, where the manufacturer is established outside the EU, the importer is liable next to the manufacturer (Article 8(1)(c)(i)). Check the scope before you answer.
Do not sign straight away, and do not refuse straight away either. Your importer has a point: under the new directive an injured person can claim directly against him, next to you as manufacturer. My first step is to put three things side by side:
- which products will reach the market through him from 9 December 2026;
- which of you manages the technical documentation;
- which insurance is already in place.
Then we make the indemnity fit: you answer for defects in your product, he answers for what he changes to the product or its packaging. That way each party carries the risk it can control, and the relationship stays workable.
An authorised representative or a Dutch fulfilment centre may ask the same, because they too can be liable (Article 8(1)(c)(ii) and (iii)).
What can you arrange yourself, and where do you need an adviser?
Much of the preparation is technical: documentation, testing, risk analysis and a software update policy, handled by your engineers or a test lab. Those records decide your position when a court orders disclosure of evidence (Articles 9 and 10).
An insurance broker can check your cover. Note that a product recall in the Netherlands also counts when a court assesses defectiveness (Article 7(2)(g)).
For most businesses the evidence rules matter most. More liable parties you can deal with in contracts. But if an injured person asks the court to order disclosure of your evidence and your technical documentation is not in order, the court can presume that your product is defective. That is hard to reverse afterwards. So get your documentation and product records in order first, then the contracts. Make sure you can show per product how it was designed, tested and maintained, and when each batch was placed on the market.
When do you need a Dutch lawyer for the Product Liability Directive?
You need a Dutch lawyer once a partner asks for an indemnity, a role in the chain changes or a claim arrives. Liability to the injured person cannot be excluded (Article 15), so contracts and recourse (Article 14) decide who pays.
A technical adviser says what must be done; a lawyer records who does it and who pays, and acts when that is disputed.
| Your situation | What is at stake | What MAAK Advocaten does first |
|---|---|---|
| EU importer or representative demands an indemnity | joint liability, no exclusion, recourse (Art. 8, 12, 14, 15) | review the contract; negotiate role split, indemnity and insurance |
| You appoint or replace an authorised representative | the representative becomes liable (Art. 8(1)(c)(ii)) | draft or review the mandate |
| You ship through a fulfilment centre only | the fulfilment provider becomes liable (Art. 8(1)(c)(iii)) | review the chain structure and contracts |
| Your product contains software | missing safety updates (Art. 11(2)(c)) | review licence and support terms |
| A claim or evidence request arrives | disclosure and presumptions (Art. 9, 10); Dutch law via Rome II | secure documents and deadlines; protect trade secrets; defend or seek recourse |
The agreement that makes the most difference is the recourse agreement. Because you cannot exclude liability towards the injured person, the real allocation of risk lies in what you agree with your supplier and your customer. I record three things:
- who indemnifies whom, and for which type of defect;
- who supplies the technical documentation if a court asks for it;
- how long the supplier keeps providing security updates.
If you build in software from a small supplier, also decide deliberately whether to waive recourse. That is allowed, but then you carry that risk yourself.
The directive gives effect to such a waiver in one specific case: a manufacturer that integrates software from a micro or small enterprise has no right of recourse against that supplier if it contractually agreed to waive it (Article 12(2)). Recourse otherwise follows national law (Article 14).
Example: a connected device shipped through a Dutch fulfilment centre
For a non-EU manufacturer, shipping through a Dutch fulfilment centre without an EU importer or authorised representative makes that centre liable for the product (Article 8(1)(c)(iii)). Software adds a second exposure (Article 11(2)(c)).
Suppose a manufacturer in Asia sells a connected kitchen appliance to Dutch consumers through its webshop. A Dutch fulfilment company stores, packs and dispatches the goods, and in November 2026 asks for an indemnity and insurance.
Batches placed on the market before 9 December 2026 stay under the old regime (Article 21); for later batches the fulfilment company is liable next to the manufacturer. If a safety fix for the app is not delivered while the manufacturer controls the software, the “arose later” defence is gone.
The manufacturer can appoint an authorised representative or use an importer, who then takes the fulfilment company’s place, or keep the structure and agree an indemnity that matches the risk.
This is a hypothetical example for illustration, not a description of a MAAK Advocaten case.
How does MAAK Advocaten work on Product Liability Directive matters?
MAAK Advocaten N.V., a law firm in Amsterdam, acts for non-EU manufacturers and for Dutch importers, authorised representatives and distributors. We draft and negotiate supply-chain contracts under Dutch law and conduct proceedings at first instance and on appeal. If a claim or a request for evidence arrives, this is my approach.
First keep calm and secure the deadlines and documents. We establish which product it is, when that batch was placed on the market, because that decides whether the old or the new rules apply, and who did what in the chain. Then we look at which evidence you must provide and what is a trade secret. The directive requires the court to take that into account, and we invoke it straight away.
At the same time I formally notify your own supplier and insurer, so that your recourse and cover stay safe. That way you defend your case from the first document.
In the first days we put the contract, the terms and the insurance policy side by side. For a claim that is already on the table, see our page on product liability claims and litigation.
Frequently asked questions about the EU Product Liability Directive
From when does the new EU Product Liability Directive apply?
Directive (EU) 2024/2853 applies to products placed on the market or put into service from 9 December 2026 (Article 2(1), as corrected on 7 May 2026). Earlier products remain under Directive 85/374/EEC (Article 21).
Is my EU authorised representative liable for my products?
Where the manufacturer is established outside the EU, its authorised representative is liable for damage caused by a defective product, next to the manufacturer and the importer (Article 8(1)(c)(ii)). Expect the representative to ask for an indemnity and insurance.
Has the Netherlands implemented the new Product Liability Directive?
The Netherlands has not yet implemented the directive. The Dutch implementation is bill 36 906, adopted by the House of Representatives on 15 October 2026 and pending in the Senate on 28 October 2026. A Royal Decree will set its entry into force.
Can I exclude product liability in my contract with a Dutch distributor?
Towards the injured person, liability under the directive cannot be limited or excluded by contract (Article 15). Between economic operators you can agree who finally bears the loss, through an indemnity and recourse under national law (Article 14).
When should a non-EU manufacturer call a Dutch lawyer?
A non-EU manufacturer should call a Dutch lawyer when an EU partner asks for an indemnity, when it appoints or replaces an authorised representative or fulfilment partner, and as soon as a claim or evidence request arrives in the Netherlands. Liability cannot be excluded (Article 15), so contracts decide who pays.
Primary sources
- Directive (EU) 2024/2853, CELEX 32024L2853, Articles 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 21, 22 and 23, and the corrigendum of 7 May 2026 to Article 2(1)
- Directive 85/374/EEC, CELEX 31985L0374 (products placed on the market before 9 December 2026)
- Regulation (EC) No 864/2007 (Rome II), CELEX 32007R0864, Article 5
- Dutch bill Implementatiewet richtlijn herziening productaansprakelijkheid: Kamerstukken 36 906, nr. 2 (proposed Articles 6:185, 6:187 and 6:190 BW; Article 189aa Overgangswet nieuw BW; Article IV) and the status at the Eerste Kamer
- Current Dutch rules: Articles 6:185–6:193 of the Dutch Civil Code (Burgerlijk Wetboek), including Article 6:187(3) on the importer
Time limits under the directive: a claim must be brought within three years from the day the injured person became aware, or should reasonably have become aware, of the damage, the defect and the identity of the liable economic operator (Article 16(1)). The right to compensation expires after 10 years, or 25 years for latent personal injury (Article 17).
Last checked on 28 October 2026 · next relevant date: 10 November 2026 at the earliest (possible adoption of bill 36 906 by the Senate); 9 December 2026 (the directive applies to products placed on the market from that date)
Is your EU partner asking you to carry the risk of the new directive, or has a claim arrived in the Netherlands? Put your situation to me through my page as product law partner in the Netherlands. — Martin Krüger
