NetherlandsBurgerlijk Wetboek Boek 6, art. 162, Onrechtmatige daad (Wrongful Act)
Burgerlijk Wetboek Boek 6, art. 162 (BWBR0005289)
In force since .
An unfair competition rule binding public and private bodies.
- Private right of action
- Yes
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- Do not infringe another person's right, or act in breach of a statutory duty or of what unwritten law holds proper in social intercourse, absent a justification (art. 162, tweede lid).
- Compensate the damage the other person suffers as a result of a wrongful act that can be attributed to you (art. 162, eerste lid).
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
- Open questions
- Does continuing to crawl a publicly accessible page after a cease-and-desist letter, without defeating any technical measure, breach "hetgeen volgens ongeschreven recht in het maatschappelijk verkeer betaamt" under article 162, tweede lid?
What it makes you log
Logging duty
Article 162 sets the general rule on liability for a wrongful act. It imposes no duty to create, keep, produce or review a log or record.
- Kind
- None
- As of
What this law does
A person who commits a wrongful act against another that can be attributed to that person must compensate the damage the other suffers as a result. A wrongful act includes an infringement of a right, and an act or omission in breach of a statutory duty or of what unwritten law holds proper in social intercourse, unless a justification applies.
A wrongful act can be attributed to the person who committed it if it is due to that person's fault or to a cause that is for that person's account by law or by the views prevailing in society.
When LexLint raises it
When your app profile says your app crawls the web.
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Page updated .