European Union law applies in the NetherlandsThe Netherlands is a member state of the European Union, whose 223 researched instruments are listed on the European Union page, not here. The law of the Netherlands, described on this page below, applies here too.European Union law reaches the Netherlands two ways. A regulation, the EU AI Act and the GDPR among them, binds here as written, though the Netherlands names its own regulator, sets its own penalties within the EU ceiling and may add rules of its own beside it. A directive binds here only through the act the Netherlands passes to carry it into national law, and that act, listed on this page, is the one a court in the Netherlands applies. For a concern in the Netherlands, read both pages.
44 of 45 named instruments researched to a stage, across all ten areas of law we track: 42 in force and 2 proposed. As of .
When each starts42 of 44 carry a date, 2 do not. Earlier is before 2014.
in forcenot yet in forceblocked by a courtproposedno longer in force
The EU AI Act (Regulation (EU) 2024/1689) is directly applicable in the Netherlands and is not restated here; its Article 50 transparency and output-labeling duties, and the Digital Omnibus on AI's rescheduling of the Chapter III high-risk regime, are covered by the eu-level document.
The Netherlands has a criminal-law addition that predates and sits alongside the AI Act: Wetboek van Strafrecht art. 252 (renumbered from art. 240b by the Wet seksuele misdrijven, in force , with the penalty raised to six years) bans producing, distributing, or possessing an image of a sexual act involving a person who is apparently, not only actually, under eighteen, which reaches a computer-generated or virtual depiction on its own terms.
As of October 2026 the Uitvoeringswet AI-verordening, the bill that would designate the ten national market-surveillance authorities responsible for enforcing the AI Act (led by the Autoriteit Persoonsgegevens and the Rijksinspectie Digitale Infrastructuur), remains a concept bill whose public consultation closed and that has not been submitted to the Tweede Kamer.
Proposed.proposed Not law. It binds no one unless it is enacted.
A published draft that has not reached a legislature, dated , as of .Binds public and private bodies.
What this law does
As published for consultation, the bill designates ten existing Dutch market-surveillance authorities as the competent authorities responsible for market surveillance and enforcement of the EU AI Act, gives them the accompanying powers and a duty to cooperate, and provides for the operators of AI systems in the Netherlands to fall under that supervision.
The public consultation ran from and closed ; as of the date below the bill has not been submitted to the Tweede Kamer.
Whoever distributes, offers, publicly displays, produces, imports, transships, exports, acquires, possesses, or accesses a visual representation of a sexual nature, or with an unmistakably sexual character, involving a person who apparently has not yet reached the age of eighteen, whether or not that person is actually involved, is punished with imprisonment of up to six years or a fine of the fifth category.
The provision does not require the depicted minor to be real, so it reaches a computer-generated or otherwise synthetic depiction on its own terms. Its predecessor, art. 240b, carried the same apparent-involvement wording with a four-year maximum before the Wet seksuele misdrijven renumbered and raised the penalty for the current text, effective .
The Netherlands' private-sector personal-data regime is the General Data Protection Regulation (GDPR) as given domestic effect by the Uitvoeringswet Algemene verordening gegevensbescherming (UAVG, GDPR Implementation Act).
Beyond restating the GDPR, UAVG adds a genuine national addition on biometric data (Article 29, an authentication-or-security exception to the Article 9 prohibition, limited since to what a weighty general interest in lawful access requires), plus derogations on health data, criminal-conviction data, the citizen service number, and journalistic or academic processing.
The Autoriteit Persoonsgegevens has taken a strict public position that scraping personal data is almost always unlawful, and the WAMCA collective-action regime is a live vehicle for a pending mass claim against TikTok.
UAVG, Art. 29wetten.overheid.nl, UAVG Art. 29 as in force from
In force since .Binds public and private bodies.
What this law does
UAVG Article 29 is a Dutch national addition beyond the General Data Protection Regulation (GDPR) Article 9 baseline: it exercises the GDPR Article 9(2)(g) substantial public-interest derogation to lift the prohibition on processing biometric data for unique identification where the processing is necessary for authentication or for security purposes, and only so far as that is necessary because of a weighty general interest in lawful access to certain places, buildings, services, products, information systems or work-process systems.
The Verzamelwet gegevensbescherming (Staatsblad 2026, 154) added that limit. The Verzamelwet took effect on , apart from its Article I, point I. The provision does not itself set out safeguards or a retention limit. The exception applies equally to a voiceprint and a faceprint; UAVG Article 29's own text does not distinguish by modality.
A controller must notify the AP without undue delay, and within 72 hours where feasible, after becoming aware of a personal-data breach, unless the breach is unlikely to result in a risk to people's rights and freedoms, and must notify the affected individual without undue delay where the breach is likely to result in a high risk.
UAVG Article 42 adds one national exception to the Article 34 individual-notification duty: it disapplies Article 34 for financial undertakings within the meaning of the Wet op het financieel toezicht (Financial Supervision Act).
A provider of a public electronic communications service must notify the Autoriteit persoonsgegevens (AP) without delay of a security breach that adversely affects personal data processed in connection with the service in the European Union. The provider must also notify the person whose data is concerned without delay where the breach is likely to have adverse effects on that person's privacy.
That notice is not required where the AP finds that appropriate technical protection measures make the data unintelligible to anyone without a right of access. The provider must keep an overview of all personal data breaches, with at least the facts and the details given in the notification.
The Netherlands gives the General Data Protection Regulation (GDPR) domestic effect through the UAVG (GDPR Implementation Act, Wet van 16 mei 2018), in force since alongside the GDPR itself. UAVG Chapter 2 (Arts. 6-21b) establishes the Autoriteit Persoonsgegevens (AP) as supervisory authority, and Chapters 3-4 supply national derogations under GDPR Articles 6, 9, 10, and 23.
UAVG Article 1's definitions add only four defined terms and do not redefine any GDPR term including biometric data, so nothing in UAVG narrows a GDPR definition.
A transfer of personal data outside the EEA requires an adequacy decision, Standard Contractual Clauses, Binding Corporate Rules, or a narrow Article 49 derogation, backed by the Article 83(5) top fine tier.
UAVG Article 20 lets the Autoriteit Persoonsgegevens, where an investigation of a transfer outside the EU gives it well-founded reasons to doubt that a Commission adequacy decision or standard-clauses decision gives adequate protection, ask the Administrative Jurisdiction Division of the Council of State to declare that decision valid.
General Data Protection Regulation (GDPR) Article 22 gives a person in the Netherlands the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects or similarly significantly affects them, unless the decision is necessary for a contract with them, authorised by a law that safeguards their rights, or based on their explicit consent.
Where it rests on a contract or consent, the controller must at least let the person obtain human intervention, express their point of view and contest the decision.
Under Article 22(4), such a decision may not rest on the special categories of personal data in Article 9(1) unless the person gave explicit consent or the processing is necessary for reasons of substantial public interest on the basis of proportionate Union or Member State law, with suitable safeguards in place.
Articles 13(2)(f), 14(2)(g) and 15(1)(h) require the controller to tell the person that such decision-making takes place, with meaningful information about the logic involved and its significance and envisaged consequences for them, at collection, within the Article 14(3) period where the data came from another source, and on an access request.
UAVG Article 40 is the Dutch Article 22(2)(b) law: a solely automated decision not based on profiling may be made where it is necessary to comply with a legal obligation or to perform a task in the public interest, and a controller that is not a public authority must then still let the person obtain human intervention, express their view and contest the decision.
Under General Data Protection Regulation (GDPR) Articles 12 to 21, a person in the Netherlands can ask a controller for access to their personal data and for its rectification, erasure, restriction or portability, or object to its processing, and the controller must answer within one month, a period it may extend by two further months for complex or numerous requests.
UAVG Article 41(1) lets a controller set these rights aside, so far as necessary and proportionate, on listed grounds; two reach an ordinary private controller: protecting the person or the rights and freedoms of others, and enforcing a civil-law claim.
UAVG Article 43 disapplies Chapter III of the GDPR, which holds the data-subject rights, together with Chapters V to VII and most of Chapter IV, for processing carried out exclusively for journalism or for academic, artistic or literary expression.
The Autoriteit Persoonsgegevens (AP) is the Dutch supervisory authority, with General Data Protection Regulation (GDPR) Article 83 fines plus UAVG's own administrative powers including a fine specific to unlawful processing of criminal-conviction data (Art. 17) and administrative fines against government bodies (Art. 18). GDPR Article 82 arms an individual with a direct private right of action, and the Netherlands' WAMCA collective-action regime is a live vehicle for privacy mass claims.
On the Hoge Raad (Supreme Court) set aside the Amsterdam Court of Appeal's 2024 judgments in the Privacy Collective collective action against Oracle and Salesforce and referred the case to the Court of Appeal in The Hague. Three foundations (SMC, SOMI and STBYP) brought WAMCA collective actions against TikTok group entities. The Amsterdam Court of Appeal gave an interim decision in the appeal on .
UAVG Article 21b requires the AP to publish a decision imposing an administrative sanction, except where the Wet open overheid bars disclosure.
UAVG Chapter 3 Section 3.1 (Arts. 22-30b) implements General Data Protection Regulation (GDPR) Article 9's special-category regime with article-by-article national exceptions: research and statistics, racial or ethnic origin, political opinions, religious or philosophical beliefs, and genetic data (Arts. 24-28), a health-data exception for administrative bodies, pension funds, and employers (Art. 30), and rules on criminal-conviction data (Art. 33). Article 46 restricts processing of the citizen service number (BSN) to statutory or law-designated purposes.
The Netherlands has no scraping-specific statute, so each dimension is governed by general law.
Computervredebreuk (Wetboek van Strafrecht art. 138ab) criminalizes intentionally and unlawfully breaking into an automated work, and breaking in is in any case present where access is obtained by defeating a security measure, a technical intervention, false signals or a false key, or by assuming a false identity; reading a public, unauthenticated page without any of those falls outside the listed cases, though the list is introduced by "in any case" and is not stated to be exhaustive, and no reported case addresses that boundary.
No reported Dutch decision addresses the enforceability of browsewrap or clickwrap terms-of-service specifically against a scraper, but the ordinary rule for standard terms and conditions, Burgerlijk Wetboek art. 6:233 and 6:234, governs a crawler the same as any other party: a term is voidable if the user was not given a reasonable opportunity to take notice of it, so terms merely posted behind a link bind only if that opportunity was given, while terms actively agreed to, such as by creating an account, satisfy that test outright and bind the crawler.
The Auteurswet gives a text-and-data-miner a copyright exception at arts. 15n (research organizations and cultural heritage institutions, unconditional) and 15o (any miner with lawful access, subject to a rightsholder's machine-readable opt-out).
The Databankenwet gives a database producer a sui generis right against extraction or re-utilization of a substantial part of a database for fifteen years from completion, running from the year the database was first made available if that is earlier, and since that right does not reach data obtained from or generated by a connected product or related service within the meaning of Article 43 of the EU Data Act.
Scraping personal data of a person in the Netherlands is a privacy-topic finding (the Autoriteit Persoonsgegevens has taken the public position that scraping personal data is almost always unlawful under the General Data Protection Regulation (GDPR) and the Uitvoeringswet AVG) and is not restated here.
Dutch law has no unfair-competition, misappropriation, or trespass doctrine specific to this conduct, so no authority establishes that continuing to crawl a public page after a cease-and-desist letter is by itself unlawful where no security measure or technical intervention is also defeated. No Dutch-specific rule assigns legal weight to robots.txt beyond the Auteurswet's own machine-readable text-and-data-mining opt-out mechanism.
Regulation (EU) 2024/1689 (the AI Act) is directly applicable in the Netherlands without domestic transposition and specifically governs AI-training data: a provider of a general-purpose AI model must put in place a policy to comply with Union copyright law, including identifying a reservation of rights expressed under the text-and-data-mining opt-out, and must publish a sufficiently detailed summary of the content used for training.
Whoever intentionally and unlawfully breaks into an automated work, or part of one, is punished with imprisonment of up to two years or a fine of the fourth category. Breaking in is in any case present where the access is obtained by breaching a security measure, a technical intervention, false signals or a false key, or assuming a false identity.
Copying, tapping, or recording data after that unauthorized access raises the maximum to four years, and doing so through a public telecommunications network for unlawful gain or to pivot to a third party's system also carries a four-year maximum. Where the offense is committed for a foreign power, the prison term is increased by one third.
A scraper reading a public, unauthenticated page without using any of the listed methods falls outside the cases the provision lists, which it introduces with the words "in ieder geval" (in any case), so the list is not stated to be exhaustive. This offense binds both natural and legal persons, since criminal offenses generally can be committed by either under the criminal code's general part.
Standard terms are one or more terms drawn up to be included in a number of contracts, other than terms that state the core of the performances where those are clear and understandable. A counterparty is bound by the standard terms even where the user understood or should have understood that the counterparty did not know their content.
A term in standard terms is voidable where, given the nature and other content of the contract, the way the conditions came about, the mutually apparent interests of the parties and the other circumstances, it is unreasonably onerous for the counterparty. A term in standard terms is also voidable where the user has not given the counterparty a reasonable opportunity to take notice of the standard terms.
The user has given that opportunity where it handed the standard terms to the counterparty before or when the contract was concluded. The user has also given that opportunity where it made the standard terms available electronically, before or when the contract was concluded, in a way that lets the counterparty store them and consult them later. For that electronic route the counterparty's express consent is required where the contract is not concluded electronically.
Where the counterparty is a natural person who does not act in the course of a profession or business, a term in the standard terms that appears on the list in article 236 is treated as unreasonably onerous. Where the counterparty is such a natural person, a term that appears on the list in article 237 is presumed to be unreasonably onerous.
Article 15n exempts a reproduction that a research organization or cultural heritage institution makes for text-and-data-mining scientific research on a work to which it has lawful access, provided the reproduction is stored with an appropriate level of protection; a rightsholder may take proportionate security measures, and the exception cannot be contracted around.
Article 15o extends the exception to any miner with lawful access, but only where the rightsholder has not expressly reserved the right in an appropriate way, such as machine-readable means on a work made available online; a reproduction made under either article may be kept only as long as needed for the mining. Both exceptions bind natural and legal persons alike, since a legal person is equated with a natural person in property-law matters unless the law provides otherwise.
Article 7b of the Wet op de naburige rechten (Neighboring Rights Act) gives the publisher of a press publication the exclusive right to authorize an information society service provider to reproduce the publication for online use and to make it available to the public for that use. The right does not reach private or non-commercial use by individual users, hyperlinking to a press publication, or the use of single words or very short extracts. The article has been in force since .
A database producer, defined as the person who bears the investment risk for the database, has the exclusive right to authorize extracting or re-utilizing the whole or a qualitatively or quantitatively substantial part of a database's contents, and to prevent the repeated and systematic extraction or re-utilization of insubstantial parts where that conflicts with the database's normal exploitation or unreasonably prejudices the producer's legitimate interests.
The right arises when the database's production is completed and lapses fifteen years after 1 January of the following year, or of the year after it was first made available to the public if that happened before completion; a substantial new investment restarts the term. Circumventing an effective technical protection measure knowing or reasonably suspecting that is unlawful.
Since , the right does not apply to data obtained from or generated by a connected product or related service within the meaning of Article 43 of Regulation (EU) 2023/2854 (the EU Data Act). This right binds, and is held by, natural and legal persons alike, since a legal person is equated with a natural person in property-law matters unless the law provides otherwise.
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.
A trade secret is information that is secret in the sense that, as a whole or in the precise configuration and assembly of its components, it is not generally known among or readily accessible to the circles that normally deal with such information, that has commercial value because it is secret, and that its lawful holder has subjected to reasonable steps to keep it secret.
Obtaining a trade secret without the holder's consent is unlawful where it was obtained through unauthorized access to, or unauthorized appropriation or copying of, documents, objects, substances, materials or electronic files that the holder lawfully controls and that contain the secret or from which it can be derived.
Obtaining a trade secret without the holder's consent is also unlawful where it was obtained through other conduct that, in the circumstances, is considered contrary to fair commercial practices. Using or disclosing a trade secret without the holder's consent is unlawful where the person obtained it unlawfully, or breaches a confidentiality agreement or another obligation not to disclose it.
Obtaining, using or disclosing a trade secret is also unlawful where the person knew, or in the circumstances should have known, that it came directly or indirectly from another person who used or disclosed it unlawfully. Obtaining a trade secret through observation, study, dismantling or testing of a product or object that has been made available to the public is not treated as unlawful obtaining, unless the person obtaining it is bound by a valid obligation limiting the obtaining.
The court rejects a claim under the Act where the obtaining, use or disclosure took place in the exercise of the right to freedom of expression and information. On the holder's claim the court may order the infringer to stop, or prohibit, the unlawful use or disclosure of the trade secret. The holder may claim damages from an infringer who knew or should have known that it obtained, used or disclosed the trade secret unlawfully. The Act took effect on .
The Netherlands completed its NIS2 transposition on time to take effect. The Cyberbeveiligingswet (Cbw), Wet van 8 juli 2026 houdende regels ter implementatie van Richtlijn (EU) 2022/2555 (Kamerstukken 36764, Staatsblad 2026, 187), passed the Tweede Kamer on and the Eerste Kamer on , and entered into force on under Article 35 of the Cyberbeveiligingsbesluit (Staatsblad 2026, 189).
Its own Article 106 repeals the predecessor Wet beveiliging netwerk- en informatiesystemen (Wbni), which transposed the original NIS Directive (Directive (EU) 2016/1148); the consolidated register shows the Wbni lapsed on , so it is not still in force, unlike Ireland's and Spain's predecessor NIS1 regimes.
The Cbw binds an essential entity (Article 8, by operation of law, or Article 9, by criteria-based designation) and an important entity (Article 12 or Article 13) drawn from its Annexes 1 and 2, which restate the NIS2 Annex I and Annex II sector lists, to appropriate and proportionate risk-management measures over its network and information systems (Article 21, with the management board's approval and competency duty under Article 24) and to a graduated significant-incident notification clock to its computer security incident response team (CSIRT) and competent authority: a 24-hour early warning (Article 26), a 72-hour notification (Article 27, or 24 hours for a trust service provider whose trust service is affected), an interim report on request (Article 28), and a final report within one month (Article 29).
Annex 2's own digital-provider entry names an online marketplace, an online search engine and a social-networking-services platform, supervised by the Minister of Economic Affairs; Annex 1's digital-infrastructure and ICT-service-management entries separately name a cloud-computing-service provider, a data-centre-service provider and a content-delivery-network provider, also supervised by that Minister.
The wider essential and important entity classes the Cbw designates by sector (energy, transport, banking, health, drinking water, public administration and the rest of the NIS2 Annexes) are reached through the essential-service flag the Cyberbeveiligingswet rows carry, beside the digital-provider flags.
The Netherlands has no general reasonable-security or information-security-programme statute with no sector gate; the closest general duty is General Data Protection Regulation (GDPR) Article 32's security-of-processing obligation and UAVG Article 42's breach-notification duties to the Autoriteit Persoonsgegevens, both of which sit in the privacy topic rather than here.
The Cyberbeveiligingsbesluit (Decree of , Staatsblad 2026) implements the Cyberbeveiligingswet and, by Article 35, took effect together with the Act on . Article 5 requires an essential or important entity to take at least the measures of Articles 6 to 18 in implementing Article 21 of the Act.
Article 4 sets Articles 6 to 18 aside for DNS service providers, top-level domain name registries, cloud-computing, data-centre, content-delivery-network, managed-service and managed-security-service providers, online marketplaces, online search engines, social-networking platforms and trust service providers, which answer to Commission Implementing Regulation (EU) 2024/2690 instead.
Article 7 requires a written, demonstrably applied risk-management policy that covers at least a risk-management method and risk-acceptance criteria. Articles 6, 8 and 9 require the same written policy for the security of network and information systems, for incident handling and for business continuity and crisis management. Article 10 requires a written supply-chain security policy and a periodic check that direct suppliers and service providers meet the entity's security requirements.
Article 11 requires a policy for the risks of acquiring software, hardware or services, secure-development processes across all development phases where they apply, and maintenance processes covering at least configuration management and change management. Article 12 requires staff to be aware of the risks to the entity's network and information systems, to apply cyber-hygiene practices and, where their role needs security expertise, to receive regular training.
Article 13 requires a written cryptography policy that settles in which cases cryptography is used and who is responsible for implementing it and for key management. Article 24 requires the early warning of a significant incident to include, as well as the data the Act lists, the presumed start time of the incident and, where possible, a description of its nature and visible effects, an estimate of the recovery time and the measures planned or taken.
Article 25 requires the notification of a significant incident to be made at a reporting point that the Minister sets up. Article 2 designates the Minister of Justice and Security as the computer security incident response team (CSIRT) for essential and important entities and as coordinator for coordinated vulnerability disclosure under Article 17 of the Act.
Article 21 requires an essential entity or an important entity to take appropriate and proportionate technical, operational and organisational measures to manage the risks to the network and information systems it uses for its work or to provide its services, and to prevent an incident or limit its effect on the recipients of its services and on other services, at a security level matched to the risk and covering, at minimum, risk analysis and information-system security policy, incident handling, business continuity and crisis management, supply-chain security, secure acquisition and development, effectiveness-assessment policy, cyber hygiene and training, cryptography policy, personnel and access-management security, and, where appropriate, multi-factor authentication (Article 21, paragraphs 1 to 3).
Article 24 requires the entity's management board to approve these measures and requires every board member to hold the knowledge and skills to identify network-and-information-system risks, assess cybersecurity risk-management measures, and assess their consequences for the entity's services, each within two years of that requirement taking effect or, for a member appointed afterwards, within two years of appointment.
Article 22 sets Article 21 aside for an essential or important entity that a sector-specific act of the European Union already requires to take at least equivalent cybersecurity risk-management measures. Regulation (EU) 2022/2554 is such an act for a financial entity identified as an essential or important entity, so that entity answers under that Regulation instead.
This Act, Wet van 8 juli 2026 (Cyberbeveiligingswet), transposes NIS2 Directive Articles 20 and 21 and, by its own Article 106, repeals the Wet beveiliging netwerk- en informatiesystemen (Wbni), the predecessor NIS1 transposition, which the consolidated register shows lapsed on , the date this Act took effect.
Article 25 requires an essential entity or an important entity to report every significant incident to its computer security incident response team (CSIRT) and competent authority in accordance with Articles 26 to 29. Article 26 requires an early warning without delay, or within 24 hours of becoming aware of the incident if immediate reporting is not possible, stating whether the incident is suspected to result from unlawful or malicious action and whether it may have cross-border effects.
Article 27 requires a notification, without delay or within 72 hours, updating the early warning with an initial assessment of the incident's severity and effect. Article 27, paragraph 2 sets a shorter clock for a trust service provider: where an incident affects the provision of its trust service, it files that notification without delay or within 24 hours instead of 72. Article 28 requires an interim report on request.
Article 29 requires a final report no later than one month after the Article 27 notification, describing the incident, its severity and effects, the likely threat or root cause, mitigating measures taken, and, where relevant, cross-border effects; an incident still ongoing at that point is instead covered by a progress report, with the final report due within one month of the incident's resolution.
Article 31 sets Articles 25 to 30 aside for an essential or important entity that a sector-specific act of the European Union already requires to notify significant incidents on at least equivalent terms. Regulation (EU) 2022/2554 is such an act for a financial entity identified as an essential or important entity, so that entity reports under that Regulation instead.
This Act transposes NIS2 Directive Article 23 and, by its own Article 106, repeals the Wet beveiliging netwerk- en informatiesystemen (Wbni), the predecessor NIS1 transposition, which lapsed on , the date this Act took effect.
The Netherlands transposes Articles 13 and 5(3) of the ePrivacy Directive in the Telecommunicatiewet (Telecommunications Act). Article 11.7 prohibits unsolicited communication for commercial, idealistic or charitable purposes by automatic calling and communication systems without human intervention, fax and electronic messages unless the sender can show the end user's prior consent.
Prior consent is not needed for communication to a legal person or to a person acting in a profession or business only on two stated conditions, and the customer soft opt-in is stated as a departure from the prior-consent rule for those means only. Since the same prior-consent rule applies correspondingly to other means of unsolicited communication to natural persons, and the do-not-call register decree was repealed with that change.
Article 11.7a requires clear and complete information in accordance with the General Data Protection Regulation and consent before storing or accessing information on a user's device, with exceptions for carrying communication, for storage strictly necessary for a service the user requested, and for storage with no or minor privacy consequences that serves to measure a service's quality or effectiveness.
The Authority for Consumers and Markets supervises both articles and may fine a breach up to EUR 900,000 or, if more, 1 % of the undertaking's turnover, a maximum that rises by 100 % for a repetition within five years. The definitions article of the Telecommunicatiewet does not define consent or electronic message.
Recording of conversations is governed by Articles 139a to 139c of the Wetboek van Strafrecht, which turn on whether the recorder takes part in the conversation or acts on a participant's instruction rather than on consent, and by Article 2b of the Wet bescherming klokkenluiders, which requires a reporter's prior consent to a recording of an internal report made by telephone.
A data subject's right to object to direct marketing is a General Data Protection Regulation right held in the privacy row for General Data Protection Regulation (GDPR) Articles 12-21 and UAVG Articles 41 and 43, Data Subject Rights in the Netherlands.
Article 11.7(1) prohibits the use of automatic calling and communication systems without human intervention, faxes and electronic messages to send unsolicited communication for commercial, idealistic or charitable purposes, unless the sender can show that the end user gave prior consent.
Article 11.7(3) lifts the prior-consent requirement of paragraphs 1 and 2 for communication to a legal person or to a natural person acting in the exercise of a profession or business, but only if one of two conditions is met. The first condition is that the sender uses electronic contact details that the end user designated and made known for receiving unsolicited communication for such purposes, and uses them in line with the purposes the end user attached to them.
The second condition is that the end user is established outside the European Economic Area and the rules in force in that country on unsolicited communication are met.
Article 11.7(4) departs from paragraph 1 for a sender that can show it obtained electronic contact details from its customers in the context of a sale of a product or service, so that it may use them to send unsolicited communication for commercial purposes about its own similar products or services, provided it clearly and explicitly gave the end user the opportunity to object free of charge and in an easy manner to that use.
That opportunity must be given when the details are collected and, if the user did not object then, in every message sent. Article 11.7(5) lets an idealistic or charitable organization that can show it uses contact details obtained in connection with a donation to it use them for unsolicited communication for its own idealistic or charitable purposes, on the same two opportunities to object.
Article 11.7(7) requires every such electronic message to state the real identity of the person on whose behalf the communication is sent and a valid postal address or number to which the recipient can send a request to end such communication. Article 11.7(7) also applies the requirements of Article 15e(1)(a) to (c) of Book 3 of the Civil Code to electronic messages sent for those purposes. The Act of rewrote Article 11.7 in full.
Telecommunicatiewet, art. 11.7aConsolidated text of the Telecommunicatiewet, wetten.overheid.nl (Dutch government legislation database)
In force since .Binds public and private bodies.
What this law does
Article 11.7a(1) permits storing information in, or gaining access to information in, the terminal equipment of a user via an electronic communications network only on condition that the user has been given clear and complete information in accordance with the General Data Protection Regulation, in any case about the purposes of use, and has given consent.
Article 11.7a(2) extends those requirements to the case where storage or access over an electronic communications network is brought about in another way than through such a network. Article 11.7a(3) lifts paragraph 1 for storage or access whose sole purpose is to carry out communication over an electronic communications network.
Article 11.7a(3) also lifts paragraph 1 for storage or access that is strictly necessary to deliver an information society service the subscriber or user has requested, or, provided this has no or minor consequences for the personal privacy of the subscriber or user concerned, to obtain information about the quality or effectiveness of a service delivered.
Article 11.7a(4) presumes to be a processing of personal data an act under paragraph 1 that aims to collect, combine or analyze data about a user's or subscriber's use of different information society services so that the user or subscriber can be treated differently. Article 11.7a(5) provides that a user's access to an information society service provided by or on behalf of a legal person established under public law may not be made dependent on giving consent under paragraph 1.
Article 11.7a was rewritten by an Act of that widened the exception to storage or access with no or minor consequences for the personal privacy of the person concerned.
Article 2b(1) requires an employer to register a report made by a telephone line or another voice-message system, or in a conversation at an agreed location, either by recording the conversation in a durable and retrievable form or by a complete and accurate written account of it. Article 2b(2) makes the reporter's prior consent a requirement for recording such a conversation. Article 2b(3) gives the reporter the opportunity to check, correct and sign off a written account.
Under Article 2(1), the duty to set up an internal reporting procedure binds an employer that as a rule has at least fifty employees.
Article 139a(1) punishes anyone who, with a technical device, intentionally eavesdrops on a conversation held in a home, closed premises or yard other than on the instruction of a participant in it, or, without being a participant and other than on a participant's instruction, records it.
Article 139a(2) excludes from that offense the recording of data processed or transmitted by telecommunication or by an automated work, and, except in case of manifest abuse, recording with a technical device that is not secretly present and is used on the authority of the person who uses the home, premises or yard.
Article 139b(1) punishes anyone who, intending to eavesdrop on or record a conversation held elsewhere than in a home, closed premises or yard, secretly does so with a technical device, other than on a participant's instruction or without being a participant. Article 139c(1) punishes anyone who intentionally and unlawfully taps or records, with a technical device, data that are not intended for them and that are processed or transmitted by telecommunication or by an automated work.
Article 139c(2) excludes tapping or recording by or on behalf of the person entitled to a connection used for telecommunication, except in case of manifest abuse. The Act of (Staatsblad 2006, 300) amended Articles 139a and 139b and set Article 139c(1) out anew. A royal decree of brought that Act into force on , apart from a provision on Article 273d(2).
Article 11.7(2) applies paragraph 1 correspondingly to the use of means other than those listed in paragraph 1 to send unsolicited communication for commercial, idealistic or charitable purposes to natural persons. Where such communication is sent with consent, the sender must give the natural person, with every message, a clear and explicit opportunity to object free of charge and in an easy manner to the use of their contact details.
Article 11.7(8) bars a sender that uses a public telephone service for such communication from using the blocking facilities referred to in Article 11.9(1)(a). Article 11.9(1)(a) obliges a provider of number identification to offer a calling user the means to block, free of charge, the provision of the calling number.
Article 11.7(3) lifts the prior-consent requirement of paragraphs 1 and 2 for communication to a legal person or to a natural person acting in the exercise of a profession or business, but only if one of two conditions is met. The first condition is that the sender uses electronic contact details that the end user designated and made known for receiving unsolicited communication for such purposes, and uses them in line with the purposes the end user attached to them.
The second condition is that the end user is established outside the European Economic Area and the rules in force in that country on unsolicited communication are met. Article 11.7(4) states the customer soft opt-in as a departure from paragraph 1. Article 11.7(5) also lets an idealistic or charitable organization, as to means other than those in paragraph 1, use contact details obtained in the course of volunteer work for it or of attending its events.
Article 11.7(6) lets a publisher of newspapers, weeklies, magazines and other periodicals appearing at least three times a year, and a holder of a license under Article 3, 9 or 27b of the Wet op de Kansspelen, use contact details of the kind referred to in paragraph 4 on the conditions stated there, in departure from paragraph 2. The Act of introduced an opt-in system for unsolicited communication to natural persons. That Act repealed the Besluit bel-me-niet-register, the do-not-call register decree.
The Netherlands implements the Digital Services Act through the Uitvoeringswet digitaledienstenverordening, which designates the Authority for Consumers and Markets (Autoriteit Consument en Markt) as digital services coordinator and the Data Protection Authority (Autoriteit persoonsgegevens) as a competent authority for Articles 26(3), 27 and 28(2) of the Digital Services Act.
The Act sets the Dutch administrative fine and penalty-payment powers by reference to Article 52 of the Digital Services Act and gives both authorities independent orders for interim measures and for measures under Article 51(3) of the Digital Services Act. The Digital Services Act's own duties are held with the European Union's page and are not restated here.
The Act repealed Article 196c of Book 6 of the Civil Code, the provision that Article 29e of the Auteurswet had referred to for the hosting exemption. Articles 29c to 29e of the Auteurswet, inserted by the act implementing the Copyright in the Digital Single Market Directive, set the duties of providers of online content-sharing services.
The Netherlands' minors' online-safety rules are held in the age row for Chapter 4 of the Mediawet 2008, and its law on virtual child sexual abuse imagery is held in the ai row for Article 252 of the Wetboek van Strafrecht. Dutch regimes aimed at one kind of illegal content, such as terrorist content, are not described here, and no other duties of hosting services under Dutch law are described here.
Auteurswet, artt. 29c-29eConsolidated text of the Auteurswet, wetten.overheid.nl (Dutch government legislation database)
In force since .Binds private bodies.
What this law does
Article 29c(1) provides that a provider of an online content-sharing service communicates to the public the works its users upload when it gives the public access to them. Where the provider has obtained authorization from the makers or their successors in title, Article 29c(1) extends it to communication to the public by users, unless those users act on a commercial basis or their activity generates significant income.
Under Article 29c(2), a provider without authorization is liable for infringement of the right of communication to the public unless it shows that it made best efforts to obtain authorization, made best efforts to keep specified works unavailable, and acted quickly on a sufficiently substantiated notice. Article 29c(4) requires the provider to give the makers or their successors in title, on request, adequate information about the measures taken and how they are carried out.
Article 29c(5) requires the provider to inform its users in its terms and conditions of the limitations on copyright. Article 29c(6) provides that applying the article does not lead to a general monitoring obligation. Article 29c(7) requires the provider to set up a complaint procedure through which users can complain about how the best-efforts and notice duties are applied.
Article 29c(9) defines such a provider as a provider of an information society service whose main purpose, or one of whose main purposes, is to store and give the public access to a large amount of works uploaded by its users, which it organizes and promotes for profit.
The same paragraph excludes non-profit online encyclopedias, non-profit educational or scientific databases, platforms for developing and sharing open-source software, providers of electronic communications services, online marketplaces, business-to-business cloud services and cloud services that let users store information for their own use.
Article 29d(1) frees a provider that has offered its service in the Union or the European Economic Area for less than three years and has annual turnover below EUR 10 million from liability if it shows best efforts to obtain authorization and quick removal of a notified work on a sufficiently substantiated notice.
Article 29d(2) adds, for such a provider whose average monthly unique visitors, calculated on the previous calendar year, exceed 5 million, the condition that it also made best efforts to prevent notified works from being offered again. Article 29e provides that Article 6(1) of the Digital Services Act does not apply where a provider communicates users' works to the public on the conditions of Articles 29c and 29d.
Article 2.1 makes the Authority for Consumers and Markets (Autoriteit Consument en Markt, ACM) both a competent authority and the digital services coordinator under Article 49 of the Digital Services Act. Article 2.2(1) charges the ACM with supervising compliance with a list of articles of the Digital Services Act, among them Articles 11, 12, 14, 18, 23, 30, 31 and 32 in full and parts of Articles 9, 10, 13, 15, 16, 17, 20, 21, 22, 24, 25, 26 and 28.
Article 2.3(1) lets the ACM impose an administrative fine of at most the amount named in Article 52(3) of the Digital Services Act to enforce those provisions. Article 52(3) of the Digital Services Act, to which that text refers, states the maximum fine as 6 % of the provider's annual worldwide turnover in the preceding financial year. Article 2.4(1) lets the ACM impose an order subject to a penalty payment of at most the amount named in Article 52(4) of the Digital Services Act.
Article 2.5(1) lets the ACM impose an independent order (zelfstandige last) on a provider of an intermediary service in the form of an interim measure under Article 51(2)(e), or a measure under Article 51(3)(a) or (b), of the Digital Services Act. Article 2.5(2) requires the addressee of such an order to act in accordance with it.
An independent order under Article 2.5(1)(c) requires the prior authorization of the examining judge (rechter-commissaris) of the criminal division of the Rotterdam court. Article 2.6a requires the ACM to publish each year an overview of the number of reports under Article 53 of the Digital Services Act that it has received, per subject of that Regulation.
Article 2.9(1) has the Data Protection Authority (Autoriteit persoonsgegevens, AP) advise the ACM on whether an application under Article 40(8) of the Digital Services Act meets the condition in Article 40(8)(d) that the applicant is able to protect personal data. Article 3.1(1) makes the AP a competent authority under Article 49(1) of the Digital Services Act. Article 3.2(1) charges the AP with supervising compliance with Articles 26(3), 27 and 28(2) of the Digital Services Act.
Article 3.3(1) lets the AP impose an administrative fine of at most the amount named in Article 52(3) of the Digital Services Act to enforce those articles. Article 3.4(1) lets the AP impose an order subject to a penalty payment of at most the amount named in Article 52(4) of the Digital Services Act. Under Article 3.5(1), the AP's power to impose a fine or a penalty payment lapses where, at the provider's request, the AP declares a commitment made by that provider binding.
Article 3.5(5) requires the provider to act in accordance with that decision. Article 3.6(3) requires the addressee of an independent order of the AP to act in accordance with it. Article 5.4 repeals Article 196c of Book 6 of the Civil Code (Burgerlijk Wetboek). Article 5.3 replaces the reference in Article 29e of the Auteurswet to Article 196c(4) of Book 6 of the Civil Code with a reference to Article 6(1) of the Digital Services Act.
An act of inserts into Article 2.2 the ACM's supervision of Articles 7(1), 7(2) and 8 of Regulation (EU) 2024/1028 on short-term rental data. Article IV of that act provides that it enters into force on a day to be set by royal decree.
Product and AI liability law2 instruments, 1 in force, 1 proposed
Research summary (345 words)
Article 185(1) of Book 6 of the Civil Code makes the producer liable for damage caused by a defect in its product. Article 187(1) defines a product as a movable thing, including one that has become part of another movable or immovable thing, and electricity. Article 3:2 of the Civil Code defines things as objects that are tangible and capable of human control.
The explanatory memorandum to the bill implementing Directive (EU) 2024/2853 says that Directive 85/374 was implemented in Division 3 of Title 3 of Book 6 of the Civil Code. The bill would amend Books 6 and 7 of the Civil Code and the Transitional Act for the new Civil Code to implement Directive (EU) 2024/2853. The bill adds Article 184a to Book 6, which defines a product to include software and digital manufacturing files.
The explanatory memorandum says that, for legal certainty, it is clarified that software and digital manufacturing files are to be regarded as a product. Article 189aa, which the bill adds to the Transitional Act for the new Civil Code, keeps the present Book 6 provisions applicable, as they stood before , to products placed on the market or put into service before that date. The bill provides that it enters into force on a date set by royal decree.
The bill was open to internet consultation from to . The Tweede Kamer's record of the bill gives its submission date as . The Eerste Kamer's record of the bill states that the Tweede Kamer is dealing with it. The government's reply to the committee's report is dated . The Tweede Kamer's record of the bill lists it among the hamerstukken, bills taken without debate, of the sitting of .
The same record shows the vote and conclusion stages of the bill as not completed. The government's business portal gives the date the changes take effect as not yet known. The Cyberbeveiligingswet, the Dutch cybersecurity act, is recorded in the security topic as the security baseline.
The explanatory memorandum to the bill implementing Directive (EU) 2024/2853 says that Directive 85/374 was implemented in Division 3 of Title 3 of Book 6 of the Civil Code. Article 185(1) of Book 6 of the Civil Code makes the producer liable for damage caused by a defect in its product.
Article 187(2) treats as producer the manufacturer of a final product, the producer of a raw material, the manufacturer of a component and anyone who presents itself as producer by putting its name, trade mark or another distinguishing mark on the product. Article 187(3) treats a person who imports a product into the European Economic Area to sell, rent, lease or otherwise supply it in the course of its commercial activities as a producer with the same liability.
Article 187(4) treats every supplier as the producer where the producer cannot be identified, unless the supplier names the producer or its own supplier within a reasonable time. Article 187(1) defines a product as a movable thing, including one that has become part of another movable or immovable thing, and electricity. Article 3:2 of the Civil Code defines things as objects that are tangible and capable of human control.
A product is defective under Article 186(1) if it does not offer the safety that may be expected of it, taking all circumstances into account, in particular its presentation, its reasonably expected use and the time it was put into circulation. Article 188 requires the injured person to prove the damage, the defect and the causal link between the defect and the damage.
Article 185(1)(b) excludes liability where it is plausible that the defect did not exist when the producer put the product into circulation or arose later. Article 185(1)(d) excludes liability where the defect results from the product complying with mandatory government rules. Article 185(1)(e) excludes liability where, given the state of scientific and technical knowledge when the producer put the product into circulation, it was impossible to discover the defect.
Article 185(2) reduces or removes the producer's liability where the damage was caused both by a defect and by the fault of the injured person or of a person for whom the injured person is liable. Article 189 makes each of several persons liable under Article 185(1) for the same damage liable for the whole.
Article 190(1) covers death or personal injury and damage the product causes to another thing ordinarily intended for private use or consumption and used mainly in private by the injured person, with a deductible of EUR 500 for the property damage. Article 191(1) sets a limitation period of three years from the day after the injured person became aware, or should have become aware, of the damage, the defect and the identity of the producer.
Article 191(2) extinguishes the right to compensation ten years after the start of the day following the day the producer put the product that caused the damage into circulation. Article 192(1) provides that the producer's liability under the Division cannot be excluded or limited towards the injured person. Article 193 leaves the injured person's other rights and claims intact. The Act of adapted the Civil Code to the Council directive on liability for products with defects.
That Act provided that it enters into force on a date set by royal decree. The consolidated text of Article 185 records the provision as new and in force from under Staatsblad 1991, 600.
Proposed.proposed Not law. It binds no one unless it is enacted.
In committee, dated , as of .Binds public and private bodies.
What this law does
The bill would amend Books 6 and 7 of the Civil Code and the Transitional Act for the new Civil Code to implement Directive (EU) 2024/2853. The bill adds Article 184a to Book 6, which defines a product to include software and digital manufacturing files. The explanatory memorandum says that, for legal certainty, it is clarified that software and digital manufacturing files are to be regarded as a product.
Article 184a(3)(a) excludes free-of-charge and open-source software (gratis en opensourcesoftware) developed or supplied outside the course of a commercial activity. A corrigendum of replaces the words gratis en opensourcesoftware (free-of-charge and open-source software) with vrije en opensourcesoftware (free and open-source software) throughout the Dutch text of Directive (EU) 2024/2853.
A paragraph inserted in Article 185 makes an operator liable for a defect due to a related service, software including updates or upgrades, the lack of software updates or upgrades needed to maintain safety, or a substantial modification, to the extent the manufacturer has control over it.
Article 185(1)(e) keeps a defense where the objective state of scientific and technical knowledge did not allow the defect to be discovered when the product was placed on the market or put into service, or while it was in the manufacturer's control. Article 186(1)(f) counts relevant product safety requirements, safety-relevant cybersecurity requirements included, among the circumstances in deciding whether a product is defective.
Article 187(1)(c) makes the importer, the authorized representative and, where neither is established in the Union, the fulfillment service provider liable for a product of a manufacturer established outside the Union. Article 187(4) applies the distributor rule to a provider of an online platform that lets consumers conclude distance contracts with traders, where the conditions of Article 6(3) of Regulation (EU) 2022/2065 are fulfilled.
Article 188(2)(a) presumes a product defective if the defendant does not give access to relevant evidence it holds, as Articles 194 and 195 of the Code of Civil Procedure require. Article 188(3) presumes the causal link where the product is established to be defective and the kind of damage is typically consistent with the defect.
Article 188(4) presumes the defect or the causal link where the claimant faces excessive difficulties, in particular from technical or scientific complexity, and shows that it is likely.
Article 190 covers death, bodily or mental injury, damage to property except the defective product itself, a product damaged by a defective component that its manufacturer integrated, and property used exclusively for professional purposes, and the destruction or corruption of data not used for professional purposes.
Article 191 sets a limitation period of three years from the day the injured person became aware, or should reasonably have become aware, of the damage, the defect and the identity of the operator. Article 191a(1) ends the right to compensation ten years after the product was placed on the market or put into service. Article 191a(2) extends that period to 25 years where a latent personal injury prevented the injured person from bringing a claim within ten years.
Article 189aa, which the bill adds to the Transitional Act for the new Civil Code, keeps the present Book 6 provisions applicable, as they stood before , to products placed on the market or put into service before that date. The bill provides that it enters into force on a date set by royal decree.
Digital accessibility law12 instruments, 12 in force
Research summary (356 words)
The Implementatiewet toegankelijkheidsvoorschriften producten en diensten implements Directive (EU) 2019/882. It amends the Warenwet, the Wet gelijke behandeling op grond van handicap of chronische ziekte, the Telecommunicatiewet, Book 6 of the Burgerlijk Wetboek, the Wet op het financieel toezicht and the Wet handhaving consumentenbescherming. A royal decree sets as the day it enters into force.
Section 5c of the Wet gelijke behandeling op grond van handicap of chronische ziekte makes service providers designated by general administrative order design and provide their services in accordance with the rules set by or under that order. The Warenwetbesluit toegankelijkheidsvoorschriften 2024 sets the requirements for products.
The duties the Dutch state places on public bodies for their own websites and apps are covered on law.ungovr.org in the public-sector accessibility entry for the Netherlands. Staatsblad 2026, 153 later added Article 8a.0 to the Wet handhaving consumentenbescherming. Staatsblad 2026, 153 also added a sixth paragraph to Article 4:22.0a of the Wet op het financieel toezicht.
Article VIII(1) of the Implementatiewet lets service providers keep providing their services until using products they lawfully used before to provide similar services. Article VIII(2) lets service contracts concluded before run unchanged until they expire, and at the latest until five years after that date.
Article VIII(3) lets self-service terminals lawfully used before stay in use until the end of their economic life, and for no more than 20 years after they entered use. Article VIII(4) disapplies Article VIII to providers of e-commerce services and to their service contracts, without prejudice to the Overgangswet nieuw Burgerlijk Wetboek.
Article 17(1) of the Mediabesluit 2008 requires a commercial media institution to subtitle, for people with a hearing impairment, at least 50 percent of the originally Dutch-language programming on a television channel that reaches at least 75 percent of all households in the Netherlands.
Article 3.27(1) of the Mediawet 2008 requires a commercial media institution to report each year to the Commissariaat voor de Media on the measures it takes to further develop the accessibility of its audiovisual media offering for people with a disability.
Article 5c(1) makes the service providers designated by general administrative order design and provide their services in accordance with the rules set by or under that order. Article 5c(2) lets those rules cover how and on what terms services are offered, including the accessibility requirements they must meet. Article 5d(1) lets general administrative orders implement the rules the European Commission adopts under Article 26 of the Directive.
Parts g and h of the annex to the Wet handhaving consumentenbescherming assign the enforcement of the rules made under Article 5c(1) to the Commissariaat voor de Media for e-books and services giving access to audiovisual media services, and to the Inspectie Leefomgeving en Transport for passenger transport services.
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 ziekteStaatsblad 2024, 179, Besluit tot wijziging van het Besluit toegankelijkheid van het openbaar vervoer, official publication
In force since .Binds public and private bodies.
What this law does
Article 10b(1) applies Chapter 4a to bus and rail passenger transport services as to their websites, services based on mobile devices, electronic tickets and ticketing services, information on transport services, and interactive self-service terminals on Dutch territory, other than terminals installed as integrated parts of the vehicles or rolling stock used to provide the services.
Article 10b(2) also applies the Chapter to urban, suburban and regional transport services, but only as to interactive self-service terminals. Article 10c(1) requires bus and rail services to meet the accessibility requirements in Annex I, Sections III and IV, to Directive (EU) 2019/882. Article 10c(2) requires urban, suburban and regional services to meet the requirements in Annex I, Section IV.
Article 10c(3) exempts microenterprises from the obligations in Article 10c(1) and from every obligation relating to compliance with those requirements; it does not exempt them from Article 10c(2). Article 10e(1) requires providers to design and provide the services in accordance with Article 10c(1) and (2). Article 10e(4) requires providers to take corrective measures at once where a service does not conform.
Article 10e(4) also requires providers to notify the Minister of Infrastructure and Water Management of the non-conformity at once. Article 10f(1) limits the requirements to the extent that compliance neither requires a fundamental alteration of the nature of a service nor imposes a disproportionate burden on the provider.
Article 10f(5) provides that a provider that receives funding from sources other than its own resources to improve accessibility cannot rely on the disproportionate-burden limit. Article II enters the decree into force on . The fifth category in Article 23(4) of the Wetboek van Strafrecht stood at EUR 103,000 from and stands at EUR 110,000 from .
Article 10b(3) excludes from the Chapter pre-recorded time-based media and office file formats published before , online maps and mapping services in the cases it states, third-party content the provider neither funds, develops nor controls, and archive content not updated after .
Article 10f(3) requires providers to 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 a copy on request. Article 10f(4) requires a provider that relies on a disproportionate burden to renew its assessment for each category or kind of service when the service changes, when the Minister asks and in any event every five years.
Article 10g(1) presumes services that meet the harmonized standards or parts of them to meet the accessibility requirements. Article 10a defines bus passenger transport services as the services within Article 2(1) and (2) of Regulation (EU) No 181/2011, and rail passenger transport services as the rail passenger services within Article 2(1) of Regulation (EC) No 1371/2007 other than those in its Article 2(2).
Article 10d provides that services meeting 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.
Under Article VIII of the Implementatiewet, service contracts concluded before may run unchanged until they expire, and at the latest until five years after that date, and service providers may keep providing their services until using products they lawfully used before to provide similar services.
Self-service terminals lawfully used to provide services before may stay in use until the end of their economic life, and for no more than 20 years after they entered use (Article VIII(3)).
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.1Staatsblad 2024
In force since .Binds public and private bodies.
What this law does
Article 230fa defines e-commerce services as services provided at a distance, through websites and mobile-device-based services, by electronic means and at the individual request of a consumer with a view to concluding a contract. Article 230fb(1) requires a service provider that supplies e-commerce services to a consumer to 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.
Article 230fb(2) requires a service provider to draw up the information Annex V requires and explain how the services meet the accessibility requirements, to keep that information while the service operates, to apply procedures that keep the service in conformity, and to take corrective measures at once where a service does not conform. Article 230fc(1) disapplies Article 230fb to enterprises below the size limits the paragraph states.
Article 230fc(3) provides that a service provider that receives funding from sources other than its own resources to improve accessibility, public or private, cannot rely on the disproportionate-burden limit in Article 230fc(2)(b). Article 230fd(1) presumes that e-commerce services meet the requirements of Annex I, Sections III and IV(g), where they meet the harmonized standards adopted for the Directive or parts of them.
Article 8.15 of the Consumer Protection Enforcement Act requires a service provider that supplies an e-commerce service to comply with Article 230fb. Article 8a.1(2) of that Act requires a provider that relies on the disproportionate-burden limit to repeat its assessment at least once every five years.
Article 8a.1(4) of that Act requires a provider that relies on Article 230fc(2) to give information about it to the Authority for Consumers and Markets or the Netherlands Authority for the Financial Markets. Article 190aa(3) of the Transitional Act lets service contracts concluded by means of e-commerce services before continue unchanged until they expire, and at the latest until five years after that date.
Article 230fc(2) limits the requirements to the extent that compliance does not require a fundamental alteration of the nature of an e-commerce service, or does not impose a disproportionate burden on the provider. Article 190aa(2) of the Transitional Act lets providers keep providing their services until using the e-commerce services they lawfully used before to provide similar services.
Article 8a.0 of the Consumer Protection Enforcement Act requires a provider to notify the Authority for Consumers and Markets or the Netherlands Authority for the Financial Markets at once where the service does not meet the accessibility requirements. That amendment of the Consumer Protection Enforcement Act applies from .
Article 2.2 of the Consumer Protection Enforcement Act charges the Authority for Consumers and Markets with supervising the provisions in part a of that Act's annex, except where the infringement concerns a financial service. Article 3.1(1) of that Act names the Netherlands Authority for the Financial Markets as the competent authority where the infringement concerns a financial service.
Article 2.9 of that Act lets the Authority for Consumers and Markets impose an order subject to a penalty payment or an administrative fine for an infringement. The maximum fine rises by 100% where a fine for the same or a similar provision became final within five years before the report of the infringement (Article 2.15(4)). Article 3.4(5) applies Article 2.15 to a fine imposed by the Netherlands Authority for the Financial Markets.
Article 190aa(1) of the Transitional Act disapplies the Section to e-commerce services performed before it entered into force. The Authority's powers under Article 2.9 turn on an infringement, which Article 1.1 of that Act defines as a breach of a provision listed in its annex that harms or may harm the collective interests of consumers.
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 ziekteStaatsblad 2024, 144, Implementatiebesluit toegankelijkheidsvoorschriften e-boekdiensten, official publication
In force since .Binds public and private bodies.
What this law does
Article 1 defines an e-book service as a service for making available digital files with an electronic version of a book that can be opened, browsed, read and used, together with the software needed for that, including services based on mobile devices. Article 2 applies the decree to e-book services provided to consumers after .
Article 3(1) requires e-book services to meet the accessibility requirements in Annex I, Section III and Section IV, introductory words and point (f), to Directive (EU) 2019/882. Article 3(2) exempts microenterprises offering e-book services from those duties and from every obligation relating to compliance with those requirements. Article 4(4) requires a provider to take corrective measures at once where a service does not conform and to notify the Commissariaat voor de Media at once.
Article 5(5) provides that a provider that receives funding from sources other than its own resources to improve accessibility cannot rely on the disproportionate-burden limit. Article 7 enters the decree into force on . Article 8a.2 of the Consumer Protection Enforcement Act lets the Commissariaat voor de Media impose an administrative fine or an order subject to a penalty payment where a provision falls within part g of the Act's annex.
The fifth category in Article 23(4) of the Wetboek van Strafrecht stood at EUR 103,000 from and stands at EUR 110,000 from . Article 4(5) requires providers to give the Commissariaat voor de Media, on its reasoned request, the information and documentation needed to show conformity.
Article 5(1) applies the requirements only to the extent that compliance neither requires a fundamental alteration of the nature of the service nor imposes a disproportionate burden on the provider. Article 5(3) requires providers to document the assessment and keep the results for five years after the service was last provided on the market.
Article 5(4) requires a provider that relies on the disproportionate-burden limit to renew its assessment when the service changes, when the Commissariaat asks and in any event after five years. Article 6(1) presumes services that meet the harmonized standards or parts of them to meet the accessibility requirements.
Under Article VIII of the Implementatiewet, service contracts concluded before may run unchanged until they expire, and at the latest until five years after that date, and service providers may keep providing their services until using products they lawfully used before to provide similar services.
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 ziekteStaatsblad 2024
In force since .Binds public and private bodies.
What this law does
Article 1 defines a service giving access to audiovisual media services as a service transmitted over electronic communications networks that is used to find, choose, receive information about and view audiovisual media services, with the features that make them accessible and electronic program guides. Article 2 applies the decree to such services provided to consumers after .
Article 3(1) requires those services to meet the accessibility requirements in Annex I, Section III and Section IV, introductory words and point (b), to Directive (EU) 2019/882. Article 3(2) exempts microenterprises offering such services from the duties in Article 3(1). Article 4(4) requires a provider to take corrective measures at once where a service does not conform and to notify the Commissariaat voor de Media at once. Article 7 enters the decree into force on .
The fifth category in Article 23(4) of the Wetboek van Strafrecht stood at EUR 103,000 from and stands at EUR 110,000 from . Article 4(5) requires providers to give the Commissariaat voor de Media, on its reasoned request, the information and documentation needed to show conformity.
Article 5(1) applies the requirements only to the extent that compliance neither requires a fundamental alteration of the nature of the service nor imposes a disproportionate burden on the provider. Article 5(3) requires providers to document the assessment and keep the results for five years after the service was last provided on the market.
Article 5(4) requires a provider that relies on the disproportionate-burden limit to renew its assessment when the service changes, when the Commissariaat asks and in any event after five years. Article 6(1) presumes services that meet the harmonized standards or parts of them to meet the accessibility requirements.
Under Article VIII of the Implementatiewet, service contracts concluded before may run unchanged until they expire, and at the latest until five years after that date, and service providers may keep providing their services until using products they lawfully used before to provide similar services.
Besluit van 12 september 2024 Stb. 2024, 262 (Implementatiebesluit toegankelijkheidsvoorschriften elektronische communicatiediensten), op grond van art. 7a.2 en 7a.4 TelecommunicatiewetStaatsblad 2024, 262, Implementatiebesluit toegankelijkheidsvoorschriften elektronische communicatiediensten, official publication
In force since .Binds public and private bodies.
What this law does
Article 2(1) requires a provider that relies on the exception in Article 7a.2(4) of the Telecommunicatiewet to assess whether compliance with the accessibility requirements in Annex I, Sections III and IV(a), to Directive (EU) 2019/882 leads to a fundamental alteration or a disproportionate burden. Article 2(2) requires a provider that relies on the disproportionate-burden exception to repeat the assessment at least once every five years.
Article 2(3) requires each provider to document the assessment and keep the results for five years. Article 2(4) requires a provider that relies on Article 7a.2(4) to give the Authority for Consumers and Markets information about it. Article 3(1) presumes the provision of electronic communications services to meet the requirements in Annex I, Sections III and IV(a), where it meets the harmonized standards or parts of them that relate to those requirements.
Article 5 enters the decree into force on . The Authority for Consumers and Markets supervises compliance with Chapter 7A of the Telecommunicatiewet and with the decree. Article 15.4(2) of the Telecommunicatiewet lets the Authority fine a breach of a provision it supervises at most EUR 900,000 or, if that is more, 1% of the undertaking's turnover.
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 ziekteStaatsblad 2024, 139, Implementatiebesluit toegankelijkheidsvoorschriften personenvervoer per vliegtuig en over water, official publication
In force since .Binds public and private bodies.
What this law does
Article 2(1) applies the decree to air and waterborne passenger transport services as to their websites, services based on mobile devices, electronic tickets and ticketing services, information on transport services, and interactive self-service terminals on Dutch territory, other than terminals installed as integrated parts of the aircraft and ships used to provide the services.
Article 3(1) requires the services offered to meet the accessibility requirements in Annex I, Section III and Section IV, point (c), to Directive (EU) 2019/882. Article 3(2) exempts microenterprises offering services from those requirements. Article 5 requires providers, among other duties, to design and provide the services in accordance with Article 3(1) and to notify the Minister of Infrastructure and Water Management at once of a non-conformity.
Article 6(5) provides that a provider that receives funding from sources other than its own resources to improve accessibility cannot rely on the disproportionate-burden limit. Article 9(1) enters the decree into force on . Article 8a.3 of the Consumer Protection Enforcement Act lets the Minister of Infrastructure and Water Management impose an administrative fine or an order subject to a penalty payment where a provision falls within part h of the Act's annex.
The fifth category in Article 23(4) of the Wetboek van Strafrecht stood at EUR 103,000 from and stands at EUR 110,000 from . Article 2(2) excludes from the decree pre-recorded time-based media and office file formats published before , online maps and mapping services in the cases it states, third-party content the provider neither funds, develops nor controls, and archive content not updated after .
Article 4 presumes services that meet the information requirements of Regulations (EC) No 261/2004, (EC) No 1107/2006 and (EU) No 1177/2010 to meet the corresponding requirements of the decree, unless Article 3(1) contains additional requirements. Article 6(1) applies the requirements only to the extent that compliance neither requires a fundamental alteration of the nature of the service nor imposes a disproportionate burden on the provider.
Article 6(3) requires providers to document the assessment and keep the results for five years after the service was last provided on the market. Article 6(4) requires a provider that relies on a disproportionate burden to renew its assessment for each category or kind of service when the service changes, when the Minister asks and in any event every five years. Article 7(1) presumes services that meet the harmonized standards or parts of them to meet the accessibility requirements.
Article 1 defines air passenger transport services as commercial passenger air services offered to the public that depart from, transit through or arrive at an airport in the Netherlands, including flights from a third country to the Netherlands by Union carriers.
It defines waterborne passenger transport services as passenger services departing from a Dutch port, arriving at a Dutch port where a Union carrier operates them, or cruises embarking in the Netherlands, excluding ships carrying up to 12 passengers, ships with a crew of at most three or a one-way distance under 500 meters, excursions and sightseeing tours other than cruises, and ships not mechanically propelled and certain historic ships.
Article 1 also counts as a service provider the legal person that makes interactive self-service terminals for air and water transport available to passengers. Under Article VIII of the Implementatiewet, service contracts concluded before may run unchanged until they expire, and at the latest until five years after that date, and service providers may keep providing their services until using products they lawfully used before to provide similar services.
Self-service terminals lawfully used to provide services before may stay in use until the end of their economic life, and for no more than 20 years after they entered use (Article VIII(3)).
Telecommunicatiewet hoofdstuk 7A art. 7a.1-7a.5, ingevoegd bij Implementatiewet toegankelijkheidsvoorschriften producten en diensten (Stb. 2024, 87), art. IIIStaatsblad 2024, 87, Article III of the Implementatiewet toegankelijkheidsvoorschriften producten en diensten, official publication
In force since .Binds public and private bodies.
What this law does
Article 7a.1 defines an electronic communications service by reference to Article 2, point 4, of Directive (EU) 2018/1972, excluding transmission services used for machine-to-machine services. Article 7a.2(1) prohibits providing electronic communications services that do not meet the accessibility requirements of Annex I, Sections III and IV(a), to Directive (EU) 2019/882. Article 7a.2(3) disapplies the prohibitions to providers that run an enterprise below the size limits the paragraph states.
Article 7a.2(4) disapplies them to the extent that compliance would require a significant change in the service resulting in a fundamental alteration of its basic nature, or would impose a disproportionate burden on a provider that receives no funding for improving accessibility from sources other than its own resources.
Article 7a.3 names the Authority for Consumers and Markets as the competent national authority referred to in Article 13(4) and (5) of the Directive, and as the authority referred to in Article 23(2) of the Directive that checks the compliance of services. Article 7a.4(1) requires service providers to comply with Article 13 of the Directive.
Article 15.1(3) of the Telecommunicatiewet charges the Authority for Consumers and Markets with supervising the provisions of the Act other than those the first and second paragraphs assign to others, except for the provisions it lists so far as the Minister is the addressee. Article 15.4(5) raises the maximum fine by 100% where a fine for the same or a similar provision became final within five years before the report of the infringement.
Article 15.2(2) lets the Authority impose an order subject to administrative coercion to enforce the provisions it supervises. Article 15.2a(2) lets the Authority prohibit a provider of public electronic communications networks or services from offering them any longer for a reasonable period, where the provider seriously and repeatedly fails to comply and the measures imposed have failed. Article 7a.2(2) prohibits acting contrary to the requirements set by or under Articles 7a.4 and 7a.5.
Under Article VIII of the Implementatiewet, service contracts concluded before may run unchanged until they expire, and at the latest until five years after that date, and service providers may keep providing their services until using products they lawfully used before to provide similar services.
Article 2(1) applies the decree to consumer computer equipment and operating systems for it, to consumer terminal equipment with interactive computing capability used for electronic communications services, to terminal equipment for access to audiovisual media services, to specified self-service terminals and to e-readers.
Article 2(1)(d) lists the self-service terminals as payment terminals, cash machines, ticketing machines and check-in machines used to provide services within the Directive, and interactive self-service information terminals used to provide such services, other than terminals installed as integrated parts of vehicles, aircraft, ships or rolling stock. Article 2(2) excludes products placed on the market on or before .
Article 3 prohibits placing on the market products within the decree that do not meet the requirements the decree sets.
Article 4(1) requires manufacturers, when designing, manufacturing and placing products on the market, to comply with Article 7 of the Directive and with Sections I and II of Annex I. Article 4(2) requires self-service terminals to be designed and manufactured in accordance with the accessibility requirements of Section I of Annex I. Article 8(1) applies the requirements only to the extent that compliance does not require a change that fundamentally alters the nature of the product, or does not impose a disproportionate burden on the operators concerned.
Article 35e of the Warenwet lets the Minister impose an administrative fine of at most the amount set for the fifth category in Article 23(4) of the Criminal Code for a breach of the rules made under Articles 35 and 35a. Article 12 of the decree enters it into force at the same time as Article I of the Implementatiewet. Article 6(1) requires importers to comply with Article 9 of the Directive when placing products on the market.
Article 7(1) requires distributors to comply with Article 10 of the Directive. Article 5 lets a manufacturer appoint an authorized representative in writing, subject to Article 8 of the Directive. Article 8(4) exempts microenterprises dealing in products from documenting the assessment of a fundamental alteration or disproportionate burden. Article 10(1) presumes products that meet the harmonized standards or parts of them to meet the accessibility requirements.
Article 35c of the Warenwet charges officials the Minister designates with supervising the rules made under Articles 35 and 35a. Article 35d of the Warenwet lets the Minister impose an order subject to administrative coercion to enforce those rules. The explanatory note says that officials of the Rijksinspectie Digitale Infrastructuur are to be designated for that supervision.
It says that public bodies, associations and other entities with a legitimate interest, and consumers, may turn to that body and ask it to enforce. The fifth category in Article 23(4) of the Wetboek van Strafrecht stood at EUR 103,000 from and stands at EUR 110,000 from . Article V of the Besluit van 19 november 2025 (Staatsblad 2025, 388) amended Articles 4(4), 5(4) and 6 to add language rules for the EU declaration of conformity and for importers. Article VI of that decree entered Article V into force on the day after its publication on .
Wet op het financieel toezicht art. 4:22.0a ingevoegd bij Implementatiewet toegankelijkheidsvoorschriften producten en diensten (Stb. 2024, 87), art. VI, met Besluit Gedragstoezicht financiële ondernemingen Wft art. 32ac (Stb. 2024, 204)Staatsblad 2024
In force since .Binds public and private bodies.
What this law does
Article 4:22.0a(1) requires a provider of credit, a bank, an investment firm, a payment service provider or an electronic money institution that supplies banking services to consumers to ensure that those services meet Annex I, Sections III and IV(e), to Directive (EU) 2019/882. Article 4:22.0a(3) disapplies the duty to an enterprise below the size limits the paragraph states.
Article 4:22.0a(4) applies the rules only to the extent that compliance neither requires a significant change in the nature of the banking service nor imposes a disproportionate burden on the provider of the banking service. Article 32ac(1) of the Besluit Gedragstoezicht financiële ondernemingen requires such a provider to have procedures that ensure its banking services meet the accessibility requirements of Annex I, Sections III and IV(e).
Article 32ac(2) requires the provider to notify the Netherlands Authority for the Financial Markets at once of a non-conformity, stating its nature and every measure taken. Article III of the Besluit enters it into force on . Article 4:22.0a(5) requires a provider that relies on the limit in the fourth paragraph to comply with the obligations in Article 14(3) to (6) and (8) of the Directive.
Article 4:22.0a(6), inserted by Staatsblad 2026, 153 with effect from , the day after its publication on , excludes the content of websites and mobile applications referred to in Article 2(4) of the Directive from Article 4:22.0a. Article 2(4) of the Directive lists pre-recorded time-based media and office file formats published before , online maps where essential information is given in an accessible digital manner for maps meant for navigation, third-party content the operator neither funds, develops nor controls, and archives not updated or edited after .
Article 32ac(3) presumes banking services that meet the harmonized standards or technical specifications under Article 15 of the Directive to meet the accessibility requirements. Article 49.0c(1) requires a provider to include in its general terms and conditions, or an equivalent document, information showing that the banking service meets the accessibility requirements and that internal procedures secure conformity.
The Besluit bestuurlijke boetes financiële sector ranks Article 4:22.0a(1) and (5), Article 32ac(1) and (2) and Article 49.0c(1) in category 2, and Article 49.0c(2) and (3) in category 1. Article 1:81(4) of the Wet op het financieel toezicht doubles the maximum where a fine for the same breach was imposed within the previous five years. Article 1:79(1) of that Act lets the supervisor impose an order subject to a penalty payment for breach of the provisions listed in its annex.
Article VI, C, of the Implementatiewet adds Article 4:22.0a(1) and (2) to the annexes to Articles 1:79 and 1:80. Article 1:83 of the Wet op het financieel toezicht lets the supervisor instead impose a fine of up to three times the advantage the offender gained from the breach.
Under Article VIII of the Implementatiewet, service contracts concluded before may run unchanged until they expire, and at the latest until five years after that date, and service providers may keep providing their services until using products they lawfully used before to provide similar services.
Self-service terminals lawfully used to provide services before may stay in use until the end of their economic life, and for no more than 20 years after they entered use (Article VIII(3)).
Article 5b(1) bans discrimination on the ground of disability or chronic illness in offering or giving access to goods or services, and in concluding, performing or ending contracts about them. Article 5b(1) applies where this is done in the exercise of a profession or business, by the public service, by institutions in housing, welfare, health care, culture or education, or by natural persons who make the offer publicly outside a profession or business.
Article 2(1) makes the ban include a duty on the person to whom it is addressed to make effective adjustments as needed, unless they impose a disproportionate burden on that person. Article 1(c) defines indirect discrimination as an apparently neutral provision, criterion or practice that particularly affects persons with a disability or chronic illness compared with other persons.
Article 3(2) provides that the ban does not apply to indirect discrimination that a legitimate aim objectively justifies by appropriate and necessary means. Article 10(1) requires the other party to prove that it did not breach the Act where a person who claims to be disadvantaged states facts in court that suggest discrimination. Article 11 makes clauses that conflict with the Act void.
Article 3(1) disapplies the ban where the distinction is necessary to protect safety and health, concerns a rule, standard or practice meant to create or keep specific facilities for persons with a disability or chronic illness, or is a proportionate specific measure giving them a preferential position.
In a written answer to the House of Representatives in 2024, the government stated that the Act's ban on discrimination in offering services also covers online services, citing opinion 2020-106 of the College voor de Rechten van de Mens.
Aanbestedingswet 2012 (Stb. 2012, 542; BWBR0032203) art. 2.1-2.3, 2.75 lid 4 en 5, 2.96, 2.115 lid 2, 3.61 en 3.70, zoals gewijzigd bij Stb. 2016, 241Wettenbank, consolidated text of the Aanbestedingswet 2012 in Dutch
In force since .Binds public and private bodies.
What this law does
Article 2.1 applies Part 2 of the Act to public works contracts whose estimated value reaches the amount in Article 4(a) of Directive 2014/24/EU, excluding turnover tax. Article 2.2(1) applies Part 2 to supply and service contracts placed by the State whose estimated value reaches the amount in Article 4(b) of the Directive.
Article 2.3 applies Part 2 to supply and service contracts placed by contracting authorities other than the State whose estimated value reaches the amount in Article 4(c) of the Directive. Article 2.75(4) requires the technical specifications of a contract whose result is meant for use by natural persons to take account of the criteria on accessibility for persons with a disability or on design for all users, save in duly justified cases.
Article 2.75(5) requires the technical specifications to refer to binding EU legal acts that set criteria on accessibility for persons with a disability or on design for all users. Article 2.96(1) requires a contracting authority that demands a certificate from an independent body that a business meets quality standards, including standards on accessibility for persons with a disability, to refer to quality-assurance schemes based on the European standard series.
Article 2.115(2) lists accessibility and design for all users among the further criteria a contracting authority may set when it awards a contract on the best price-quality ratio. Article 3.61(1) applies the section on technical specifications, except Article 2.76(1) and (2), to special-sector contracts.
Article 3.70(2) requires a special-sector company that demands a certificate from an independent body that a business meets quality standards, including standards on accessibility for persons with a disability, to refer to quality-assurance schemes based on the European standard series.
The Netherlands has no dedicated adult-content age-verification statute, no social-media minimum-age statute, and no app-store age-verification statute beyond the EU baseline (Digital Services Act Article 28 and the Audiovisual Media Services Directive, both already covered at the EU level).
The national addition is the Mediawet 2008's content-classification and access-restriction scheme: an audiovisual media provider may only offer content capable of harming the development of a person under sixteen if it is affiliated with a Minister-recognized classification organization, and the most harmful content, expressly including pornography, must be made inaccessible to persons under sixteen, under the oversight of the Commissariaat voor de Media.
Chapter 3a of the same Act separately requires a video-sharing platform provider established in the Netherlands to maintain a code of conduct implementing the measures referred to in the EU directive it transposes. A minor's digital-consent age under the General Data Protection Regulation (GDPR) and the Uitvoeringswet AVG is a privacy-topic finding and is not restated here.
An audiovisual media provider may only offer content capable of harming the physical, mental, or moral development of a person under sixteen if the institution responsible for the content is affiliated with the organization the Minister has recognized under Article 4.2, and is bound by that organization's rules and supervision, per Article 4.1. Article 4.1a requires the most harmful content, expressly including pornography, to be made inaccessible to persons under sixteen.
It separately forbids the commercial processing of any personal data of minors collected under this scheme. The Commissariaat voor de Media enforces Articles 4.1 and 4.1a under Article 7.11. A video-sharing platform provider established in the Netherlands carries a parallel code-of-conduct duty under Mediawet 2008 Chapter 3a.
The Netherlands transposed the EU Digital Single Market Copyright Directive's press-publisher neighbouring right into national law at Article 7b of the Wet op de naburige rechten (WNR), a separate act from the Auteurswet.
A Dutch press publisher holds the exclusive right to authorize the online reproduction and making-available of its press publications by an information-society-service provider, subject to exemptions for private or non-commercial use, hyperlinking, single words or very short fragments, and material whose own protection term has expired; a journalist whose work is carried in the publication is entitled to an appropriate share of the revenue the publisher earns from the right.
The Netherlands has no compelled platform-to-publisher bargaining regime comparable to Australia's News Media Bargaining Code or Canada's Online News Act. No hot-news or misappropriation doctrine specific to press content, distinct from general Dutch tort law, is identified.
The publisher of a press publication has the exclusive right to authorize the online reproduction and the making available to the public of its press publication by an information-society-service provider, per Article 7b(1). The right does not reach private or non-commercial use by individual users, hyperlinking to a press publication, the use of single words or very short fragments, or the use of a work whose own protection term has expired, per Article 7b(2).
The right cannot be invoked against the author, performer, or producer whose own protected material is embedded in the press publication, per Article 7b(3). The author of a literary, scientific, or artistic work carried in a press publication is entitled to an appropriate share of the revenue the publisher receives for the work's use by an information-society-service provider, per Article 7b(5).
The rights of press publishers lapse two years after 1 January of the year following the year the press publication was made public, per Article 12, paragraph 7.
No current case law for Netherlands cybersecurity law
No current case law for Netherlands communications law
No current case law for Netherlands content moderation law
No current case law for Netherlands product and AI liability law
No current case law for Netherlands digital accessibility law
No current case law for Netherlands age gating law
No current case law for Netherlands reuse law
Reporting clocks that run here23 instruments
The instruments whose obligation lines set a deadline for reporting an incident, a vulnerability or a personal-data breach, each deadline read from the sentence that carries it and listed shortest first. The law of the Netherlands comes first, then the law of the bodies above it that applies here.
Each flag is one law, and a link to it. Read down the scale: the clocks document's time axis, with the empty stretches shortened so the deadlines sit close. Flags on one line set the same duty at the same deadline, and the laws behind them are named to the right, with what each clock counts from.
The deadlines above on one time axis, shortest at the top. The axis keeps its order and, between neighbors, its proportion, but a stretch with no deadline on it is shortened, so the hour marks on the left are what say how far apart two stations really are. Beside each action, the laws that set it, what each counts from, and a status where the law is not yet in force. The List tab has the same data in full, with the sentences.
Give your computer security incident response team (CSIRT) and competent authority an early warning without delay, or within 24 hours of becoming aware of a significant incident if immediate reporting is not possible, stating whether the incident is suspected to result from unlawful or malicious action and whether it may have cross-border effects.
Follow with a notification, without delay or, if that is not possible, within 72 hours of becoming aware of the significant incident, updating the early warning with an initial assessment of the incident's severity and effects. If you provide a trust service and the incident affects its provision, file this notification without delay or, if that is not possible, within 24 hours of becoming aware of the incident instead.
Submit a final report no later than one month after your notification, describing the incident in detail, its severity and effects, the likely threat or root cause, mitigating measures applied, and any cross-border effects; if the incident is still ongoing at that point, submit a progress report instead and the final report within one month of resolution.
Notify the AP without undue delay, and within 72 hours where feasible, after becoming aware of a personal-data breach affecting a person in the Netherlands, unless the breach is unlikely to risk their rights and freedoms, and notify affected individuals without undue delay where the breach is likely to result in a high risk to them, subject to UAVG Article 42's national exception.
If you process personal data on behalf of a controller, notify the controller without undue delay after becoming aware of a personal data breach (Article 33(2)).
If you provide a public electronic communications service, notify the Autoriteit persoonsgegevens without delay of a security breach that adversely affects personal data processed in connection with the service in the European Union (Telecommunicatiewet Article 11.3a, paragraph 1).
Notify the person whose personal data is concerned without delay where the breach is likely to have adverse effects on their privacy, unless the Autoriteit persoonsgegevens finds that appropriate technical protection measures made the data unintelligible to anyone without a right of access (Article 11.3a, paragraphs 2 and 5).
The law of the European Union, which applies in the Netherlands
Share relevant information related to a reportable cyber-attack with your computer security incident response teams (CSIRTs) and your competent authority without undue delay and no later than four hours of becoming aware that the incident is reportable; a cyber-attack is reportable when you assess its criticality as ranging from high to critical on the classification scale methodology under Article 37(8) (Article 38(3) and (4)).
Provide your computer security incident response teams (CSIRTs) without undue delay with any information related to a reportable cyber threat that may have a cross-border effect (Article 38(6)).
Report a major ICT-related incident to the competent authority your sector's Union law designates under Article 46, the European Central Bank through your national supervisor if you are a credit institution classified as significant, using the templates referred to in Article 20, and submit an initial notification as early as possible and in any case within four hours of classifying the incident as major, and no later than 24 hours from becoming aware of it.
Where classification as major comes later than that, submit the initial notification within four hours of the classification instead.
Submit an intermediate report within 72 hours of the initial notification, and submit an updated intermediate report without undue delay and in any case when you have recovered regular activities.
Submit a final report no later than one month after the intermediate report, or your latest updated one, once you know the root cause and the actual impact figures.
If you cannot meet one of those deadlines, tell the competent authority without undue delay and before the deadline lapses, explaining why. A deadline falling on a weekend or bank holiday moves to noon of the next working day, unless you are a credit institution, a central counterparty, a trading venue operator, or an entity your Member State has designated essential or important under the NIS2 Directive, none of which get that extension for an initial notification or intermediate report.
Your competent authority may also decide, and notify you, that the extension does not apply to you if you are a financial entity that is significant or has a systemic character for the financial sector at national or Union level.
Notifying a significant cyber threat under Article 19(2) is voluntary, only where you judge it relevant to the financial system, service users, or your clients. Where a major ICT-related incident affects your clients' financial interests, tell them without undue delay as soon as you become aware of it, describing the incident and the mitigation measures you took, and, for a significant cyber threat, tell a potentially affected client of protection measures it could take, where applicable.
If you provide a publicly available electronic communications service, notify every personal data breach to the competent national authority (Article 2(1)), no later than 24 hours after its detection, where feasible, with the information set out in Annex I; detection is deemed to have taken place when you have acquired sufficient awareness that a security incident has occurred that led to personal data being compromised (Article 2(2)).
Where all the information in Annex I is not available and further investigation is required, you may make an initial notification no later than 24 hours after detection containing the information in Section 1 of Annex I, and you must then make a second notification as soon as possible and at the latest within three days following the initial notification, containing the information in Section 2 of Annex I (Article 2(3)).
If you cannot provide all the information within the three-day period, notify as much as you have within it, submit to the competent national authority a reasoned justification for the late notification of the remaining information, and notify the remaining information as soon as possible (Article 2(3)).
Notify the subscriber or individual without undue delay after detection of the breach, whether or not you have yet notified the competent national authority (Article 3(3)).
If you have a direct contractual relationship with the end user and, despite reasonable efforts, cannot identify within the timeframe all the individuals likely to be adversely affected, you may notify them through advertisements in major national or regional media in the relevant Member States within that timeframe, containing the Annex II information where necessary in a condensed form, and you must continue all reasonable efforts to identify and notify them as soon as possible (Article 3(7)).
If you are contracted to deliver part of the electronic communications service without a direct contractual relationship with subscribers, immediately inform the contracting provider in the case of a personal data breach (Article 5).
Notify the computer security incident response team (CSIRT) designated as coordinator for your main establishment and ENISA, through the single reporting platform, of any actively exploited vulnerability you become aware of in your product: an early warning within 24 hours of becoming aware, a vulnerability notification within 72 hours, and a final report no later than 14 days after a corrective or mitigating measure becomes available, the notification and the final report each unless the relevant information has already been provided.
Notify the same recipients of any severe incident affecting the security of your product on the same 24-hour early warning and 72-hour incident notification clock, followed by a final report within one month of the incident notification; the incident notification and the final report each apply unless the relevant information has already been provided. For either an exploited vulnerability or a severe incident, give the computer security incident response team (CSIRT) an intermediate report on relevant status updates if it asks for one.
Make each notification without undue delay and in any case no later than 24 hours after you become aware of the security breach or disruption (Article 19a(1), point (b)).
Notify your computer security incident response team (CSIRT), or the competent authority where applicable, of any incident with a significant impact on the provision of your services: an early warning within 24 hours of becoming aware, an incident notification within 72 hours of becoming aware (24 hours if you are a trust service provider), an intermediate report on relevant status updates if your CSIRT or competent authority asks for one, and a final report no later than one month after the incident notification, or, for an incident still ongoing at that point, a progress report then and a final report within one month of its handling.
Where appropriate, notify, without undue delay, the recipients of your services who a significant incident is likely to adversely affect, and communicate to recipients potentially affected by a significant cyber threat any measures or remedies they can take.
If you are a law enforcement deployer using a high-risk AI system for post-remote biometric identification in a targeted search for a suspected or convicted person, request authorisation from a judicial authority or a binding, judicially reviewable administrative authority, in advance or without undue delay and no later than 48 hours, unless you are using the system only for the initial identification of a potential suspect on objective and verifiable facts directly linked to the offence.
Report a serious incident not later than 15 days after you become aware of it, or immediately once you establish a causal link between your AI system and the incident, or the reasonable likelihood of one, whichever is sooner.
Report immediately, and not later than 2 days after becoming aware of it, a widespread infringement or a serious incident causing a serious and irreversible disruption to the management or operation of critical infrastructure.
Report a serious incident involving the death of a person not later than 10 days after becoming aware of it, and immediately once you establish, or suspect, a causal link between your AI system and the incident.
If you are a deployer of a high-risk AI system and identify a serious incident, Article 26(5) requires you to immediately inform first the provider, then the importer or distributor, and the relevant market surveillance authority; if you cannot reach the provider, report the incident yourself under the same rules that bind a provider. This does not require you to disclose sensitive operational data if you are a law enforcement authority.
After reporting a serious incident, without delay investigate it, including a risk assessment and corrective action, and cooperate with the competent authorities; do not alter the AI system in a way that could affect the investigation before telling the authorities.
Let a subject, or the subject's legally designated representative, withdraw from the testing at any time by revoking informed consent, without detriment and without having to provide any justification, and on request delete the subject's personal data immediately and permanently; the withdrawal does not affect the activities already carried out (Article 60(5)).
Report any serious incident identified in the course of the testing to the national market surveillance authority in accordance with Article 73, which requires the report immediately after a causal link, or the reasonable likelihood of one, is established and in any event not later than 15 days after you become aware of the incident, not later than two days for a widespread infringement or a serious and irreversible disruption of the management or operation of critical infrastructure, and not later than 10 days after you become aware of it where a person has died (Article 60(7)).
Submit a notification as soon as you know of the condition, and a report as soon as possible and not exceeding 72 hours from the time you know of it unless exceptional circumstances prevent this, in the form your competent authority defines (point IS.D.OR.230(c), points (1) and (2)).
Submit a notification as soon as you know of the condition, and a report as soon as possible and not exceeding 72 hours from the time you know of it unless exceptional circumstances prevent this, in the form your competent authority defines (point IS.I.OR.230(c), points (1) and (2)).
Make the report immediately after you have established a causal link between the EHR system and the serious incident or the reasonable likelihood of such a link and, in any event, not later than three days after you become aware of the serious incident (Article 44(7)).
Notify the competent supervisory authority without undue delay, and within 72 hours where feasible, after becoming aware of a personal data breach affecting EU personal data, unless the breach is unlikely to risk individuals' rights and freedoms.
If you process personal data on behalf of a controller, notify the controller without undue delay after becoming aware of a personal data breach (Article 33(2)).
Notify affected individuals without undue delay where a breach is likely to result in a high risk to their rights and freedoms.
Where the system presents a risk to the health or safety, or to fundamental rights, of persons within the meaning of Article 79(1) and you become aware of that risk, immediately investigate the causes, in collaboration with the reporting deployer where applicable, and inform the market surveillance authorities competent for the system and, where applicable, the notified body that issued its certificate under Article 44, in particular of the nature of the non-compliance and of any relevant corrective action taken.
Terminate the mandate if you consider or have reason to consider that the provider is acting contrary to its obligations under the Regulation, and immediately inform the relevant market surveillance authority and, where applicable, the relevant notified body of the termination and the reasons for it (Article 22(4)).
Where such a system presents a risk within the meaning of Article 79(1), immediately inform the provider or importer and the authorities competent for the system, giving details, in particular, of the non-compliance and of any corrective actions taken (Article 24(4)).
Where you have reason to consider that using the system per its instructions may present a risk to health, safety or fundamental rights, inform the provider or distributor and the relevant market surveillance authority without undue delay, and suspend use of the system.
Where you have identified a serious incident, immediately inform first the provider, then the importer or distributor and the relevant market surveillance authorities; if you cannot reach the provider, report the incident yourself as Article 73 requires of a provider.
Keep track of, document, and report to the AI Office, and as appropriate to national competent authorities, without undue delay, relevant information about serious incidents involving your model and any corrective measures you have taken or plan to take. The Regulation states no fixed number of days for this report and no explicit moment its clock starts from, only that it must be made without undue delay.
If you provide a publicly available electronic communications service and a personal data breach occurs, notify the breach to the competent national authority without undue delay (Article 4(3)).
Where the breach is likely to adversely affect the personal data or privacy of a subscriber or individual, also notify that subscriber or individual of the breach without undue delay (Article 4(3)).
Transmit the report to the certification body or the national cybersecurity certification authority, in accordance with Article 56(8) of Regulation (EU) 2019/881, without undue delay (Article 35(4)).
Which of these one incident starts turns on the facts: the incident method works that through. The clocks document draws every clock in the LexLint law library on one axis, with the sentence beside every rung.
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This page covers the instruments LexLint has researched
to a stage. Instruments named in the law library but not yet researched are
counted in the head and are not listed here. Every entry carries its own
primary source on its note page. This is a research index, not legal
advice.