Ships a mobile app, in the Netherlands

Burgerlijk Wetboek Boek 6, artikelen 185 tot en met 193 · Read the law's page

• The Book 6 definition of a product is a movable thing, even once it forms part of another movable or immovable thing, and electricity; it is not settled whether that reaches software supplied on its own (Art. 6:187(1)).
• If you make a final product, a raw material or a component, or put your name, trade mark or another distinguishing mark on a product to present yourself as its producer, you are liable for damage a defect in it causes (Arts. 6:185(1) and 6:187(2)).
• If you import a product into the European Economic Area to sell, rent, lease or otherwise supply it in the course of your commercial activities, you answer as its producer with the same liability (Art. 6:187(3)).
• If the producer cannot be identified, you answer as producer when you supply the product, unless you tell the injured person within a reasonable time who the producer is or who supplied it to you (Art. 6:187(4)).
• Offer the safety that may be expected of the product, taking account of how you present it, its reasonably expected use and when you put it into circulation (Art. 6:186(1)).
• Be able to show that you did not put the product into circulation, that the defect probably did not exist then or arose later, that the defect results from complying with mandatory government rules, or that the state of scientific and technical knowledge when you put it into circulation made the defect impossible to discover (Art. 6:185(1)(a), (b), (d) and (e)).
• Do not rely on a contract term to limit or exclude your liability to the injured person (Art. 6:192(1)).

Besluit van 17 mei 2024, Stb. 2024, 136 (Implementatiebesluit toegankelijkheidsvoorschriften diensten die toegang verlenen tot audiovisuele mediadiensten), op grond van art. 5c Wet gelijke behandeling op grond van handicap of chronische ziekte · Read the law's page

• If you provide a service that gives consumers in the Netherlands access to audiovisual media services (finding, choosing, receiving information about and viewing them, including electronic program guides), design and provide it in accordance with the accessibility requirements in Annex I, Section III and Section IV(b), to Directive (EU) 2019/882 (Implementatiebesluit Arts. 3(1) and 4(1)).
• Draw up the information Annex V requires, keep it while the service operates, and apply procedures that keep the service in conformity (Art. 4(2) and (3)).
• If a service does not conform, take corrective measures at once and notify the Commissariaat voor de Media at once, describing the non-conformity and every measure taken (Art. 4(4)).
• If you are a microenterprise (fewer than ten employees and an annual turnover or annual balance sheet total of at most EUR 2 million, Art. 1), the duties in Article 3(1) do not apply to you (Art. 3(2)).
• Give the Commissariaat voor de Media, on its reasoned request, all the information and documentation needed to show that the service conforms, and cooperate with measures taken to secure conformity (Art. 4(5)).
• Assess whether meeting the accessibility requirements would fundamentally alter the service or impose a disproportionate burden, against the criteria in Annex VI to Directive (EU) 2019/882; document the assessment, keep the results for five years after the service was last provided on the market and give the Commissariaat a copy on request (Art. 5(2) and (3)).
• If you rely on a disproportionate burden, renew the assessment when the service changes, when the Commissariaat asks and in any event after five years, and give the Commissariaat information about your reliance on the limit for a specific service (Art. 5(4) and (6)).
• Service contracts concluded before 28 June 2025 may run unchanged until they expire, and at the latest until five years after that date; you may keep providing your services until 27 June 2030 using products you lawfully used before 28 June 2030 to provide similar services (Implementatiewet toegankelijkheidsvoorschriften producten en diensten, Art. VIII(1) and (2)).

Besluit van 17 mei 2024, Stb. 2024, 144 (Implementatiebesluit toegankelijkheid e-boekdiensten), op grond van art. 5c Wet gelijke behandeling op grond van handicap of chronische ziekte · Read the law's page

• If you provide an e-book service to consumers in the Netherlands (digital files with an electronic version of a book, and the software needed to open and read them), design and provide it in accordance with the accessibility requirements in Annex I, Section III and Section IV(f), to Directive (EU) 2019/882 (Implementatiebesluit toegankelijkheid e-boekdiensten Arts. 3(1) and 4(1)).
• Draw up the information Annex V requires, keep it while the service operates, and apply procedures that keep the service in conformity (Art. 4(2) and (3)).
• If a service does not conform, take corrective measures at once and notify the Commissariaat voor de Media at once, describing the non-conformity and every measure taken (Art. 4(4)).
• If you are a microenterprise (fewer than ten employees and an annual turnover or annual balance sheet total of at most EUR 2 million, Art. 1) offering e-book services, the duties in Article 3(1) and every obligation relating to compliance with those requirements do not apply to you (Art. 3(2)).
• Give the Commissariaat voor de Media, on its reasoned request, all the information and documentation needed to show that the service conforms, and cooperate with measures taken to secure conformity (Art. 4(5)).
• Assess whether meeting the accessibility requirements would fundamentally alter the service or impose a disproportionate burden, against the criteria in Annex VI to Directive (EU) 2019/882; document the assessment, keep the results for five years after the service was last provided on the market and give the Commissariaat a copy on request (Art. 5(2) and (3)).
• If you rely on a disproportionate burden, renew the assessment when the service changes, when the Commissariaat asks and in any event after five years, and give the Commissariaat information about your reliance on the limit for a specific service (Art. 5(4) and (6)).
• Service contracts concluded before 28 June 2025 may run unchanged until they expire, and at the latest until five years after that date; you may keep providing your services until 27 June 2030 using products you lawfully used before 28 June 2030 to provide similar services (Implementatiewet toegankelijkheidsvoorschriften producten en diensten, Art. VIII(1) and (2)).

Besluit van 21 mei 2024, Stb. 2024, 139 (Implementatiebesluit toegankelijkheidsvoorschriften personenvervoer per vliegtuig en over water), op grond van art. 2a en 5c Wet gelijke behandeling op grond van handicap of chronische ziekte · Read the law's page

• If you provide air passenger transport services departing from, transiting through or arriving at a Dutch airport, or waterborne passenger services departing from a Dutch port, arriving at a Dutch port and run by a Union carrier, or cruises embarking in the Netherlands (other than the small, short-distance, excursion and historic ships Article 1 excludes), or make interactive self-service terminals for them available to passengers on Dutch territory (other than terminals built into aircraft or ships), design and provide your websites, mobile-device-based services, electronic tickets and ticketing services, transport information and terminals in accordance with the accessibility requirements in Annex I, Section III and Section IV(c), to Directive (EU) 2019/882 (Implementatiebesluit Arts. 2(1), 3(1) and 5(a)).
• Draw up the information Annex V requires, keep it while the service operates, and apply procedures that keep the service in conformity (Art. 5(b) to (f)).
• If a service does not conform, take corrective measures at once and notify the Minister of Infrastructure and Water Management at once, describing the non-conformity and every measure taken (Art. 5(g) and (h)).
• If you are a microenterprise (fewer than ten employees and an annual turnover or annual balance sheet total of at most EUR 2 million, Art. 1), the requirements in Article 3(1) do not apply to you (Art. 3(2)).
• Assess whether meeting the accessibility requirements would fundamentally alter the service or impose a disproportionate burden, against the criteria in Annex VI to the Directive; document the assessment and keep the results for five years after the service was last provided on the market (Art. 6(2) and (3)).
• If you rely on a disproportionate burden, renew the assessment for each category or kind of service when the service changes, when the Minister of Infrastructure and Water Management asks and in any event every five years; unless you are a microenterprise, give the Minister information about your reliance on the limit for a specific service (Art. 6(4) and (6)).
• The decree does not apply to pre-recorded time-based media and office file formats published before 28 June 2025, to online maps and mapping services where essential information is given in an accessible digital way for navigational maps, to third-party content you neither fund, develop nor control, or to archive content not updated after 28 June 2025 (Art. 2(2)).
• Services that meet the information requirements of Regulations (EC) No 261/2004, (EC) No 1107/2006 and (EU) No 1177/2010 are presumed to meet the corresponding requirements of the decree, unless Article 3(1) adds requirements (Art. 4).
• Service contracts concluded before 28 June 2025 may run unchanged until they expire, and at the latest until five years after that date; you may keep providing your services until 27 June 2030 using products you lawfully used before 28 June 2030 to provide similar services (Implementatiewet toegankelijkheidsvoorschriften producten en diensten, Art. VIII(1) and (2)). Self-service terminals lawfully used to provide services before 28 June 2025 may stay in use until the end of their economic life, and for no more than 20 years after they entered use (Art. VIII(3)).

Besluit van 3 juni 2024, Stb. 2024, 179 (wijziging van het Besluit toegankelijkheid van het openbaar vervoer, hoofdstuk 4a, art. 10a-10h), op grond van art. 8, tweede lid, en art. 5c Wet gelijke behandeling op grond van handicap of chronische ziekte · Read the law's page

• If you provide bus passenger transport services within Article 2(1) and (2) of Regulation (EU) No 181/2011, or rail passenger services within Article 2(1) of Regulation (EC) No 1371/2007, in the Netherlands, design and provide your websites, mobile-device-based services, electronic tickets and ticketing services, transport information and interactive self-service terminals (other than terminals built into vehicles or rolling stock) in accordance with the accessibility requirements in Annex I, Sections III and IV, to Directive (EU) 2019/882 (Besluit toegankelijkheid van het openbaar vervoer Arts. 10b(1), 10c(1) and 10e(1)).
• If you provide urban, suburban or regional transport services, your interactive self-service terminals must meet the requirements in Annex I, Section IV (Arts. 10b(2) and 10c(2)).
• Draw up the information Annex V requires, keep it while the service operates, and apply procedures that keep the service in conformity (Art. 10e(2) and (3)).
• If a service does not conform, take corrective measures at once and notify the Minister of Infrastructure and Water Management at once, describing the non-conformity and every measure taken (Art. 10e(4)).
• If you are a microenterprise (fewer than ten employees and an annual turnover or annual balance sheet total of at most EUR 2 million, Art. 1), the requirements in Article 10c(1) and every obligation relating to compliance with them do not apply to you; the exemption does not reach the terminal requirements of Article 10c(2) for urban, suburban and regional services (Art. 10c(3)).
• Assess whether meeting the accessibility requirements would fundamentally alter the service or impose a disproportionate burden, against the criteria in Annex VI to the Directive; document the assessment, keep the results for five years after the service was last provided on the Dutch market or offered to consumers in the Netherlands, and give the Minister of Infrastructure and Water Management a copy on request (Art. 10f(2) and (3)).
• If you rely on a disproportionate burden, renew the assessment for each category or kind of service when the service changes, when the Minister asks and in any event every five years; unless you are a microenterprise, give the Minister information about your reliance on the limit for a specific service (Art. 10f(4) and (6)).
• The Chapter does not apply to pre-recorded time-based media and office file formats published before 28 June 2025, to online maps and mapping services where essential information is given in an accessible digital way for navigational maps, to third-party content you neither fund, develop nor control, or to archive content not updated after 28 June 2025 (Art. 10b(3)).
• Service contracts concluded before 28 June 2025 may run unchanged until they expire, and at the latest until five years after that date; you may keep providing your services until 27 June 2030 using products you lawfully used before 28 June 2030 to provide similar services (Implementatiewet toegankelijkheidsvoorschriften producten en diensten, Art. VIII(1) and (2)). Self-service terminals lawfully used to provide services before 28 June 2025 may stay in use until the end of their economic life, and for no more than 20 years after they entered use (Art. VIII(3)).
• Services that meet the rules on accessible information and information on accessibility of Regulations (EC) No 1371/2007 and (EU) No 181/2011, and of the acts adopted under Directive 2008/57/EC, thereby meet the corresponding requirements of Directive (EU) 2019/882 (Art. 10d).

Burgerlijk Wetboek Boek 6, art. 230fa-230fd, ingevoegd bij Implementatiewet toegankelijkheidsvoorschriften producten en diensten (Stb. 2024, 87), art. IV, met Overgangswet nieuw Burgerlijk Wetboek art. 190aa en Wet handhaving consumentenbescherming art. 8.15 en 8a.1 · Read the law's page

• If you offer e-commerce services to consumers in the Netherlands (services provided at a distance through a website or mobile app, at a consumer's request, to conclude a contract), design and provide them in accordance with the accessibility requirements in Annex I, Sections III and IV(g), and Annex V to Directive (EU) 2019/882 (Burgerlijk Wetboek Book 6, Art. 230fb(1); Wet handhaving consumentenbescherming, Art. 8.15).
• Draw up the information Annex V requires and explain how your service meets the accessibility requirements, keep it for as long as the service operates, and apply procedures that keep the service in conformity (Art. 230fb(2)).
• Take corrective measures at once where your e-commerce service does not conform to the accessibility requirements (Art. 230fb(2)(f)).
• If you have fewer than 10 employees and an annual turnover or balance sheet total of at most EUR 2 million, Article 230fb does not apply to you (Art. 230fc(1)).
• If you rely on the limit for a fundamental alteration or a disproportionate burden, carry out an assessment, against the criteria in Annex VI to the Directive for a disproportionate burden, and give information about it to the Authority for Consumers and Markets or the Netherlands Authority for the Financial Markets; if you rely on a disproportionate burden, repeat the assessment at least once every five years and again when the service changes or the authority asks, document it, keep the results for five years and give the authority a copy on request (Wet handhaving consumentenbescherming, Art. 8a.1).
• Make the information about how the service meets the accessibility requirements available to the public in writing and orally, in a way that is also accessible to persons with a disability (Art. 230fb(2)(b)).
• Take appropriate account of changes in the service, in the applicable accessibility requirements and in the harmonized standards or technical specifications on which you declare that the service conforms (Art. 230fb(2)(e)).
• If your e-commerce service does not meet the accessibility requirements, notify the Authority for Consumers and Markets, or the Netherlands Authority for the Financial Markets for a financial service, at once, stating the nature of the non-conformity and describing every corrective measure taken (Wet handhaving consumentenbescherming, Art. 8a.0, inserted by Staatsblad 2026, 153).
• You may keep providing your services until 27 June 2030 using the e-commerce services you lawfully used before 28 June 2030 to provide similar services (Overgangswet nieuw Burgerlijk Wetboek, Art. 190aa(2)); service contracts concluded by e-commerce services before 28 June 2025 may run unchanged until they expire, and at the latest until five years after that date (Art. 190aa(3)).
• Section 2ab does not apply to e-commerce services performed before 28 June 2025, the day it entered into force (Overgangswet nieuw Burgerlijk Wetboek, Art. 190aa(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)).