Tracks devices, in the Netherlands

Telecommunicatiewet, art. 11.7a · Read the law's page

• Before you store information on a user's terminal equipment, or gain access to information stored there, via an electronic communications network, give the user clear and complete information in accordance with the General Data Protection Regulation, in any case about the purposes for which you use the information, and obtain the user's consent.
• These requirements also apply where storage or access over an electronic communications network is brought about in another way than through such a network.
• You need neither the information nor the consent where the storage or access has the sole purpose of carrying out communication over an electronic communications network, or is strictly necessary to deliver an information society service that the subscriber or user has requested.
• You also need neither where, provided it has no or minor consequences for the personal privacy of the subscriber or user concerned, the storage or access serves to obtain information about the quality or effectiveness of an information society service you have delivered.
• If you provide an information society service by or on behalf of a legal person established under public law, do not make a user's access to it depend on giving consent under Article 11.7a(1).

Implementatiewet richtlijn herziening productaansprakelijkheid, Kamerstuk 36906 · Read the law's page

• The bill excludes free-of-charge and open-source software (gratis en opensourcesoftware) that you develop or supply outside the course of a commercial activity (Art. 6:184a(3)(a)).
• If you develop, manufacture or produce a product, software included, or present yourself as its manufacturer by putting your name or trade mark on it, you answer as its manufacturer for damage a defect in it causes (Arts. 6:184a(1)(b) and (e), 6:187(1)(a)).
• Keep supplying the software updates and upgrades needed to maintain safety while the product is within your control: a defect due to software, a related service or a missing safety update is not excused because it arose after you placed the product on the market (Art. 6:185(2)).
• Meet the product safety requirements that apply to your product, safety-relevant cybersecurity requirements included: they count in deciding whether it is defective (Art. 6:186(1)(f)), and failing a mandatory requirement that protects against the damage suffered presumes it defective (Art. 6:188(2)(b)).
• Account for what your product learns or acquires after release: the effect of any ability to keep learning or to acquire new features is weighed in deciding whether it is defective (Art. 6:186(1)(e)).
• Be ready to give access to the relevant evidence you hold when a court orders it under Articles 194 and 195 of the Code of Civil Procedure; failing to do so presumes the product defective (Art. 6:188(2)(a)).
• If you manufacture outside the Union, the importer, your authorized representative or, where neither is established in the Union, the fulfillment service provider answers for the product alongside you (Art. 6:187(1)(c)).
• If you substantially modify a product outside its manufacturer's control and then place it on the market or put it into service, you are treated as its manufacturer (Art. 6:187(2)).
• If you distribute a product, or provide an online platform that lets consumers conclude distance contracts with traders, name the liable operator established in the Union or your own supplier within one month of the injured person's request, or you answer for the defective product (Art. 6:187(3) and (4)).
• Be able to show when you placed the product on the market or put it into service: you are not liable if you did not, or if it is plausible that the defect did not exist then (Art. 6:185(1)(a) and (c)).