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 new rules on product liability. This change in legislation aims to better protect consumers who suffer damage caused by a defective product. It also provides greater legal certainty for businesses and a more level playing field within the European Union (EU).

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 for products from outside the EU. This means that authorised representatives of manufacturers, fulfilment service providers, distributors, and, under conditions, online platforms based in the EU, can also be held liable. 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.