Distributes a software product, 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)).

Warenwetbesluit toegankelijkheidsvoorschriften 2024 (besluit van 3 mei 2024), op grond van Warenwet hoofdstuk 2, art. 34-35e (Stb. 2024, 87, art. I), gewijzigd bij Stb. 2025, 388 · Read the law's page

• If you manufacture, import or distribute consumer computer equipment and its operating systems, consumer terminal equipment used for electronic communications services, terminal equipment for access to audiovisual media services, payment terminals, cash machines, ticketing machines and check-in machines used to provide services the Directive covers, interactive self-service information terminals used to provide such services (other than terminals installed as integrated parts of vehicles, aircraft, ships or rolling stock) or e-readers, do not place on the market in the Netherlands a product that does not meet the decree's requirements (Warenwetbesluit toegankelijkheidsvoorschriften 2024 Arts. 2 and 3).
• As a manufacturer, design, manufacture and place products on the market in compliance with Article 7 of Directive (EU) 2019/882 and Sections I and II of Annex I; design self-service terminals to Section I of Annex I (Art. 4(1) and (2)).
• The decree does not apply to products placed on the market on or before 28 June 2025 (Art. 2(2)).
• If you rely on the limit for a fundamental alteration or a disproportionate burden, assess it against Annex VI to the Directive, document the assessment, keep it for five years after the product was last offered on the market and give the supervisors a copy on request (Art. 8(2) and (3)).
• If you import these products, comply with Article 9 of Directive (EU) 2019/882 when placing them on the market; where Article 11 of the Directive treats you as a manufacturer, comply with Articles 3 and 4 of the decree; the language Article 9(4) and (5) of the Directive prescribes is Dutch, and for Article 9(9) it is Dutch or English (Art. 6(1) to (3), paragraph 3 added by Staatsblad 2025, 388 from 26 November 2025).
• If you distribute these products, comply with Article 10 of the Directive; where Article 11 of the Directive treats you as a manufacturer, comply with Articles 3 and 4 of the decree (Art. 7(1) and (3)).
• If you appoint an authorized representative, do so in writing in accordance with Article 8 of the Directive and see that Article 8 is complied with (Art. 5(1) and (2)).
• As a manufacturer, draw up the EU declaration of conformity in line with Article 16 of the Directive and affix the CE marking in line with Articles 17 and 18 of the Directive (Art. 4(3)); the language Article 7(6) and (7) of the Directive prescribes is Dutch, and for Articles 7(9) and 16(2) it is Dutch or English (Art. 4(4)).
• If you are a microenterprise dealing in products, you need not document the assessment of a fundamental alteration or disproportionate burden, but must give the Warenwet supervisors on request the facts relevant to it; other operators that rely on the limit for a specific product give the supervisors information about it (Art. 8(4) and (6)).

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)).