Catalog / Makes insurance decisions / LXD-3028

Makes insurance decisions, in the Netherlands

Each law's tag says when it binds: since in force proposed proposed

GDPR Article 22 and UAVG Article 40, Automated Decisions in the Netherlandssince 5 lines

Regulation (EU) 2016/679, Arts. 13(2)(f), 14(2)(g), 15(1)(h) and 22; UAVG, Art. 40 · Read the law's page

  • Give a person in the Netherlands a path to obtain human intervention, express their view, and contest a decision made solely by automated processing that produces a legal or similarly significant effect on them, subject to UAVG Article 40's exceptions.
  • If a solely automated decision about a person in the Netherlands is not based on profiling and is necessary to comply with a legal obligation on you or to perform a task in the public interest, you may make it despite GDPR Article 22(1), but if you are not a public authority you must still let the person obtain human intervention, express their view and contest the decision, under UAVG Article 40.
  • Do not subject a person in the Netherlands to a decision based solely on automated processing, including profiling, that produces legal effects concerning them or similarly significantly affects them, unless the decision is necessary for entering into or performing a contract with them, is authorised by Union or Member State law that also lays down suitable measures to safeguard their rights, or rests on their explicit consent, under GDPR Article 22(1) and (2).
  • Do not base a solely automated decision with legal or similarly significant effects on a person in the Netherlands on the special categories of personal data in GDPR Article 9(1), unless they gave explicit consent or the processing is necessary for reasons of substantial public interest on the basis of proportionate Union or Member State law, and suitable measures to safeguard their rights are in place, under GDPR Article 22(4).
  • If you make solely automated decisions about a person in the Netherlands of the kind GDPR Article 22(1) and (4) describe, including profiling, tell them so and give them meaningful information about the logic involved and the significance and envisaged consequences for them: when you collect their data, within the Article 14(3) period where you obtained it from someone else, and in answering their access request, under GDPR Articles 13(2)(f), 14(2)(g) and 15(1)(h).
EU Artificial Intelligence Actsince 2 lines

Regulation (EU) 2024/1689 of the European Parliament and of the Council

  • Disclose to a person that they are interacting with a bot.
  • Label synthetic content generated or manipulated by AI as artificially generated.
Implementatiewet richtlijn herziening productaansprakelijkheid (Bill 36906), Implementation of Directive (EU) 2024/2853proposed10 lines

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)).
Uitvoeringswet AI-verordening (concept), National Enforcement of the EU AI Actproposed1 line

Uitvoeringswet verordening artificiele intelligentie (Uitvoeringswet AI-verordening, UAIV), conceptwetsvoorstel, internetconsultatie 20 april 2026 tot 1 juni 2026 · Read the law's page

  • As proposed, this bill designates the Netherlands' AI Act supervisors and their powers; it would create no separate duty on an operator of an AI system beyond the duties of the AI Act itself.

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 1, : the entry was first published.

See also

Page updated .