More parties liable for defective products

What changes?

Are you a manufacturer, importer, or distributor of goods? Or do you sell software, or products with artificial intelligence (AI)? From 9 December 2026 you will have to deal with more and stricter rules on product liability. This change in legislation is intended to enhance the quality of products. You will have better protection from risks, but you can also be held liable more easily in case of damage caused by a defective product.

These are the changes that will affect entrepreneurs:

• More products are covered by product liability 

  The new rules will not only apply to physical products, but also to software and systems with artificial intelligence. Do you develop or sell software or AI products? You may be liable if these products cause damage.

• More parties may be liable

  The new product liability rules determine that more parties may be liable. Next to manufacturers and importers, the rules also apply to authorised representatives, fulfilment service providers, distributors, and under conditions also online platforms, which are established in the EU. These parties may be held liable for damage as a result of defective products. You should always check carefully what your role is in the distribution chain.

• Extension of compensation

  You may have to pay compensation for damage to data (that are not used for professional purposes). If data are damaged or destroyed, for example digital files that were deleted from a hard drive, and this damage is caused by your defective product, you may be held liable under the new product liability rules.

These changes may affect your product liability risk. So please check carefully whether your insurance provides sufficient cover for such situations.

For whom?

• manufacturers and importers
• developers and sellers of software and AI products
• fulfilment service providers, distributors, and online platforms
• authorised representatives in the EU

When?

The changes in Books 6 and 7 of the Dutch Civil Code (Burgerlijk Wetboek) will take effect on 9 December 2026.

Please note: The effective date of this measure is not yet final. Entry into force is subject to its passing through the Lower and Upper Houses (Tweede en Eerste Kamer) of parliament. After publication in the Staatsblad or Staatscourant (Government Gazette, in Dutch) the law can take effect.