Duty LXD-5980
Publishes adult content, in the Netherlands
Each law's tag says when it binds: since in force proposed proposed
Mediawet 2008, Chapter 4, Protection of Minors (Content Classification and Access Restriction)since 5 lines
Mediawet 2008, arts. 4.1, 4.1a (BWBR0025028) · Read the law's page
- Applies to audiovisual media providers, linear and on-demand, under Dutch jurisdiction.
- Offer content capable of harming the physical, mental or moral development of a person under 16 only if the institution responsible for the content is affiliated with the organization the Minister has recognised under Article 4.2 and is bound by that organization's rules and supervision.
- Make the most harmful content, expressly including pornography, inaccessible to persons under 16.
- Do not commercially process any personal data of minors collected under this scheme.
- If you operate a video-sharing platform established in the Netherlands, a parallel code-of-conduct duty applies under Chapter 3a of the same Act.
Dutch Criminal Code — Prohibition on Non-Consensual Deepfake Intimate Imagessince 1 line
Wetboek van Strafrecht, Article 139h (as amended 2020)
- Do not create or distribute non-consensual pornographic deepfakes, synthetic intimate images made without the subject's consent.
Wetboek van Strafrecht, art. 252, Sexual Imagery of an Apparent Minor (Virtual Child Sexual Abuse Material)since 1 line
Wetboek van Strafrecht, art. 252 (until : art. 240b) (BWBR0001854) · Read the law's page
- Do not produce, distribute, offer, publicly display, import, export, acquire, or possess a sexual image of a person who apparently has not yet reached the age of eighteen, whether or not that person is real; a computer-generated or synthetic depiction is reached on the same terms as a real one.
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)).