MAAK Advocaten specialises in product regulation, product compliance and product liability. Our Dutch specialist lawyers advise on the latest legislation, we hold discussions with regulators and, where necessary, we litigate. Technological progress and digitalisation not only increase the regulatory pressure on manufacturers, importers and distributors. They also bring growing product liability risks, risks that increasingly carry criminal consequences alongside the civil and administrative ones. Whoever keeps their compliance position in order limits their liability risk. Whoever structures their contracts well manages their position in the supply chain. And whoever is assisted by specialised lawyers in Amsterdam during a dispute or enforcement action stands legally strong.
Who are our product compliance specialists in Amsterdam?
Our Dutch product compliance specialists are lawyers who advise manufacturers, importers and distributors in the manufacturing industry on a daily basis about the Dutch and European rules that govern the sale of their products. A product compliance lawyer at MAAK combines legal depth with sector-specific knowledge of product regulation, supply chains and liability.
MAAK Advocaten is a niche law firm in Amsterdam with years of expertise in product regulation, compliance and product liability. Among other things, we advise on (EU) Product Law, damages claims, liability, CE marking, REACH (chemical substances), the PPWR (packaging and waste), the forthcoming Machinery Regulation, RoHS, medical devices, the Battery Regulation, the AI Act, cybersecurity, data and many other European rules.
Our Dutch product law specialists know the legal playing field for selling your products in the Netherlands and Europe. As Product Law Officer at the International Bar Association (IBA), our partner and head of the Product Law team, Martin Krüger, also has a worldwide network to assist clients. Our lawyers in Amsterdam defend your interests in and out of court, and from the outset think along about related questions of insurance and criminal-law risk. Consequently, our specialists in Amsterdam support manufacturers, importers, distributors and online platforms in sectors including automotive, mechanical engineering, life sciences, construction products, electronics and consumer goods.
Contact us directly on +31 (0)20 210 31 38, for a free introductory meeting, with a response within one working day.
What is product regulation and compliance, and why is it indispensable for your organisation in the Netherlands?
Product regulation and compliance (productregelgeving en compliance) is the legal obligation to meet all applicable European and Dutch product rules throughout the entire lifecycle of a product, from design and production to market introduction and end-of-life. Obligations namely include conformity assessment, technical documentation, CE marking, labelling requirements and post-market surveillance.
Enforcement pressure is, however, increasing. More than 60% of non-conformity findings during market surveillance by the Netherlands Food and Consumer Product Safety Authority (NVWA) and the Dutch Authority for Digital Infrastructure (RDI) trace back to incomplete technical documentation or an incorrectly applied conformity assessment procedure. New European frameworks on digital products, cybersecurity, sustainability and chemical substances are added structurally. Consequently, timely compliance guidance is the most effective protection for your market position and reputation.
Our specialised lawyers in Amsterdam actively think along with your organisation, monitor European developments and help you prepare in good time for upcoming legislation, so that you do not lose market share. Our product compliance and litigation specialists work in one integrated team, so that substantive regulatory questions and procedural risks are managed simultaneously.
Our services in product regulation and compliance include:
- Translating European and Dutch product regulation into workable, tailored compliance frameworks
- Guidance on conformity assessment, technical documentation and declarations of conformity
- Advice on labelling, packaging, green claims and digital product passports
- Setting up internal product compliance management systems and recall management processes
- Post-market surveillance, notification duties and guidance on corrective measures
- Legal support for product development, product changes and new market introductions
Do you have questions about your product compliance obligations in the Netherlands? Call +31 (0)20 210 31 38 or email mail@maak-law.com for a no-obligation conversation with one of our specialists in Amsterdam.
How do you protect your organisation against product liability under Dutch and EU law, including for software and AI?
Product liability (productaansprakelijkheid) is the statutory liability of a producer, importer or distributor for damage caused by a defective product. Under the revised Product Liability Directive (EU 2024/2853), damage caused by defective software, AI systems and digital services integrated into a product now falls within this regime too. Every link in the chain can be held liable, including for damage that arises long after market introduction.
Digitalisation moreover increases the complexity of allocating liability across the chain. Consequently, the risk of criminal-law consequences also rises in the event of serious accidents, particularly where the conformity assessment or risk management was demonstrably deficient. However, a proactive legal approach, in which risks are identified in the design phase and covered contractually, is the most effective strategy to protect your organisation.
Our lawyers in Amsterdam coordinate international defence strategies, manage technical experts and case management, and advise you preventively on liability clauses, indemnities and the allocation of liability between manufacturer, importer and distributor. The advice of our specialists takes into account, from the very beginning, related questions of liability insurance and criminal law.
Our services in product liability include:
- Assistance with claims from consumers, business customers and supply chain partners, nationally and internationally
- Coordination of international defence strategies and case management
- Supervision and guidance of technical experts and court-appointed experts
- Assessment of technical documentation and test results as a defence against liability claims
- Advice on the allocation of liability in the chain for non-conforming or unsafe products
- Preventive liability advice on product design, production processes and the supply chain
- Guidance on related questions of insurance and criminal-law risk
When is a product recall mandatory in the Netherlands and how does MAAK guide you through a crisis?
A product recall is mandatory as soon as a product poses a serious safety risk and corrective measures, such as warnings or repairs, are insufficient to remove that risk. Under the General Product Safety Regulation (GPSR, EU 2023/988), a notification duty to the competent authorities applies within four working days of establishing a serious risk. The NVWA or RDI can, moreover, impose a recall where the manufacturer or importer does not act in time.
The financial impact is considerable: the average cost of a product recall in Europe ranges from €500,000 to more than €10 million, depending on the sector, production volume and geographic scope. However, with timely and strategic legal guidance, financial loss, liability and reputational damage can in many cases be substantially limited. Fast, decisive action is essential for that, and it is precisely what our specialised lawyers in Amsterdam offer.
Our specialists coordinate the entire recall procedure and, where needed, work closely with crisis-communication experts. The approach of our lawyers in Amsterdam is assertive, strategic and always aimed at protecting your market position, client relationships and reputation, including after the crisis.
Our services in product recalls include:
- Strategic planning and risk analysis in preparation for a recall, in line with manufacturer obligations
- Notifications to the competent authorities in all countries concerned and direct representation in contact with those authorities
- Full legal crisis support, including communication in cooperation with crisis-communication experts
- Legal support with reverse logistics, sustainability requirements and consumer-protection rules in the markets involved
- Management of liability claims arising from the recall
- Follow-up of RAPEX/Safety Gate notifications and EU market surveillance coordination
- Damage limitation and reputation management before, during and after the recall
Are you facing a product recall? Every day counts. Contact us directly on +31 (0)20 210 31 38; our specialists in Amsterdam are quickly deployable.
How does the CE marking procedure work and which pitfalls should you avoid in the Netherlands?
CE marking is a legally required declaration of conformity by which manufacturers and importers demonstrate that their product meets all applicable European directives and regulations. CE marking is not a quality mark but a legal declaration by the responsible economic operator. Incorrect use or incomplete technical documentation therefore leads to enforcement actions, sales bans and penalty payments (dwangsommen) imposed by the NVWA or RDI.
The procedure usually takes 4 to 16 weeks, depending on the product category and risk profile. For high-risk products, such as machinery, medical devices and pressure equipment, an independent Notified Body is moreover required. Many products namely fall under several directives at once, which makes the conformity assessment correspondingly more complex. Consequently, specialised legal guidance on CE marking is a strategic investment that pays for itself directly.
Our services in CE marking include:
- Determining the applicable European directive(s) and regulation(s) per product and market
- Guidance on the conformity assessment procedure, including with Notified Bodies
- Drafting and reviewing technical documentation, risk analyses and declarations of conformity (DoC)
- Advice on CE marking for innovative products and products falling under multiple directives
- Guidance on labelling, digital marking requirements and QR obligations under new legislation
- Preparation for NVWA and RDI inspections and support with post-market surveillance
Which REACH, RoHS and PFAS obligations apply to your organisation in the Netherlands?
The REACH Regulation (EC 1907/2006), the RoHS Directive (2011/65/EU) and ECHA’s rapidly expanding PFAS restrictions together form the heaviest chemical product regulation framework in Europe. REACH requires manufacturers and importers who produce or import chemical substances in quantities of one tonne or more per year to register these with ECHA. In addition, communication obligations apply for SVHC substances in articles, an obligation that many supply chain parties underestimate in practice.
RoHS restricts the use of ten specific hazardous substances in electrical and electronic equipment. Consequently, EEE manufacturers and importers must demonstrate that their products stay below the maximum concentration values. PFAS regulation is, moreover, undergoing the most far-reaching shift of recent years: ECHA has proposed a universal restriction for more than 10,000 PFAS compounds. Organisations in the textile, coating and medical-device sectors must namely fundamentally adapt their product formulations and supply chains.
Our chemical law specialists in Amsterdam guide you through the analysis of your REACH, RoHS and PFAS exposure, the legal consequences and the transition strategies that apply to your sector.
Our services in REACH, RoHS and PFAS include:
- Analysis of registration, communication and authorisation obligations per substance and per supply chain role
- Assessment of RoHS conformity and guidance on technical documentation and test results
- PFAS exposure analysis and advice on transition strategies and substitution obligations
- Contractual anchoring of REACH and RoHS obligations in your supply chain contracts
- Assistance with enforcement actions by the NVWA, ECHA or other chemical-substance authorities
Practical example: successful REACH defence before the Amsterdam District Court
MAAK successfully acted against claims by a competitor against a client of MAAK and its co-defendants, in which it was alleged that they wrongly failed to contribute to REACH registration costs and infringed a registration dossier and copyrights relating to potassium and sodium permanganate (ECLI:NL:RBAMS:2025:4436). Substantial advances, damages and far-reaching injunctions were claimed. On behalf of our client, we successfully argued that there was a valid opt-out registration with its own dossier and that no protected data had been used. In a subsequent proceedings on the merits (bodemprocedure), the court fully followed this defence: there was no breach of the REACH rules or unlawful conduct, the claims were dismissed and the counterparty was ordered to pay the legal costs (ECLI:NL:RBAMS:2025:6489). This example illustrates why knowledge of both product regulation and Dutch litigation is essential.
How do our Amsterdam lawyers defend your organisation against enforcement by the NVWA, RDI or ILT?
In the event of enforcement actions by Dutch regulators, a great deal is at stake, financially but also for the reputation and market position of your organisation. Our lawyers in Amsterdam represent companies in national, European and international enforcement actions by the NVWA, the Dutch Authority for Digital Infrastructure (RDI), Customs, the Netherlands Labour Authority (NLA) and the Human Environment and Transport Inspectorate (ILT). The approach of our specialists in Amsterdam is assertive, decisive and always aimed at protecting your market position.
As soon as an enforcement action arises, acting quickly is essential. Our lawyers in Amsterdam immediately analyse the legal position of your organisation, map the burden of proof and assess the legal tenability of the enforcement decision. Consequently, our specialists determine with you the most effective approach, from constructive consultation to swift administrative-law regulatory litigation. Throughout, our lawyers in Amsterdam keep an eye on the wider business interest: your client relationships, your ongoing market position and your reputation.
Regulators can, however, also be a strategic instrument. When a competitor structurally fails to comply with the applicable product regulation and thereby gains an unfair competitive advantage, the targeted involvement of the NVWA or RDI can restore the level playing field. Our specialists in Amsterdam guide organisations in this offensive use of regulatory enforcement, from the first analysis through to the follow-up of the enforcement action.
Our services in enforcement and supervision include:
- Assistance with inspections, sanction decisions, sales bans and penalty payments, immediately deployable
- Taking over contact with the regulator and monitoring statutory deadlines
- Objection and appeal against enforcement decisions, including interim relief in summary proceedings (kort geding)
- Proactive compliance advice and building a defensible compliance position before enforcement
- European enforcement procedures, including RAPEX/Safety Gate notifications and Joint Actions
- Strategically filing notifications with regulators about non-compliance by competitors
Confronted with an enforcement action by the NVWA or RDI? Contact us directly on +31 (0)20 210 31 38 or mail@maak-law.com. Our lawyers in Amsterdam are quickly deployable and respond within one working day.
Why do organisations choose MAAK Advocaten as their product compliance law firm in Amsterdam?
MAAK Advocaten is a specialised law firm in Amsterdam with a proven track record in product regulation and compliance, product liability and regulatory litigation for the manufacturing industry. Our product compliance specialists focus entirely on the legal challenges of manufacturers, importers, distributors and other supply chain parties. That focus makes the difference: our lawyers in Amsterdam offer no standard legal help, but a targeted approach that protects and strengthens your business.
- In-depth sector knowledge: expertise in automotive, mechanical engineering, life sciences, construction products, electronics and consumer goods, the sectors where enforcement pressure is greatest.
- Integrated approach: our product compliance and litigation specialists work in one team, so substantive regulatory questions and procedural risks are managed consistently and efficiently.
- Proactive and strategic: our lawyers in Amsterdam anticipate upcoming legislation and think along about your compliance strategy, before a regulator is at the door.
- Personal contact: you always deal directly with an experienced lawyer. No assistants, no bureaucracy, clear communication and concrete advice.
- International network: access to legal and technical partners in Europe and worldwide for cross-border compliance and liability questions.
- Crisis-ready: in the event of a product recall or enforcement action, our specialists in Amsterdam are quickly deployable and immediately operational.
Do you have a question about product regulation and compliance, product liability, a product recall, CE marking, REACH or an enforcement action by the NVWA or RDI? Contact us without obligation for a free introductory meeting. Our product compliance specialists in Amsterdam aim to answer your message within one working day.
