Step-by-step plan: Recalling an unsafe product

What you need to do for the safety of your product and what you are responsible for depends on your legal role in the production chain.

Use the online tool to determine your role

Are you a manufacturer, authorised representative, or importer? Or do you have a fulfilment centre and process products that come from outside the EU? Then you are responsible for product safety. This means you are liable for any damage caused by a product. You will then probably have to recall the product.

Continue to step 2.

Do you have another role, such as distributor or fulfilment centre processing only products from the EU? Then read the step-by-step guide for your role to find out what to do if a product is unsafe.

Research exactly which product, type, sort, or version is involved. You should know the product identifier code, batch number or name, and the production date. These details should be shown on each product.

You must trace the origin of the product. Where does this product or its parts come from? For example, if you are an importer of a product, you need to find out who the manufacturer is. All the links in the chain must be traceable.

Then find out where the product is now. Is it still in a warehouse, or in shops with sellers. If the product is not yet available to consumers, it is a ‘silent recall’. Officially, this is not a recall but the ‘discontinuation of trade’ (staken van de handel) before it comes on the market. You must still report the unsafe product to the supervising authority.

Report the product online to the Dutch supervising authorities via the European Commission's Business Gateway. The report will automatically be sent to the supervising authorities in the Netherlands, such as the NVWA, RDI and ILT.

When reporting, you must provide the following information:

• the potential risks of the product
• any complaints you have received
• what you have done to eliminate the risks (such as a safety warning or a voluntary recall)
• The identification and traceability data from step 2.

According to most product legislation, including the GPSR, you must keep this data and the technical file available to the supervising authority for at least 10 years. Please note that other legislation may sometimes require a longer retention period.

Complaints register

You must investigate complaints you receive and keep them in a complaints register. You may keep your customer's personal data for up to 5 years. And you may only use the data to investigate the complaint.

Voluntary recall

Did you report the product to a supervising authority yourself? Then you should already take appropriate steps to limit any risks. For example, you can recall the product yourself. An unsafe product can damage the reputation of your business and the product. By starting a recall yourself, you show that you are taking responsibility and trying to solve the problem. Explain to consumers what the risk is and how it was caused. Or show how you have improved the product. Then you may be able to restore the reputation of the product and your business.

Forced recall

A supervising authority may also demand that you recall a product. Perhaps after consumer complaints. Or because the information on the label is incorrect and the product may be unsafe for consumers. For example, because there is no Dutch instruction manual supplied with the product. It is then unclear to customers how to use the product safely.

You recall a product by directly contacting customers who bought the product. See step 5.

Contact your business customers, such as a distributor and your sales channels. Instruct them to stop selling or distributing this product. You must remove the product from the market, for example, from shops. And for online sales, have it removed from websites offering your product.

Ask customers to return the product. Do you have contact details of your customers? If so, use them for this purpose.

In addition, you are obliged to use all appropriate public channels to reach as many consumers as possible. For example, through the media, your website, or via (online) shops that sell your products. In that case, you may use contact details from that shop's customer database. Mention which product it is about. Use the information from step 2 for this.

Your safety warning must comply with these legal requirements::

• The title in Dutch must be 'Belangrijke veiligheidswaarschuwing in verband met de productveiligheid' (‘Important safety warning in regard to product safety’)
• Explain clearly what the danger is and how consumers can exercise their rights.
• Use a language that consumers in the country of sale understand.
• You must give a clear description of the product, including a picture.
• You must report where, when, and by whom the product was sold.
• You must also publish your contact details so that consumers can file a complaint about the product. For example, a phone number, email address or chat option on your website.

Read more about the requirements for a safety warning (in Dutch).

Inform other involved parties as well

For example:

• your insurer

• your lawyer

• business customers

• the retailer

• your supplier

You must always offer customers at least 2 of these 3 options:

1. repair
2. a replacement product
3. refund of the purchase price

Is repair or replacement not possible within a reasonable time? Then the customer is always entitled to a refund of the purchase price. Returning the product must not cause inconvenience or expenses to the customer. If the product cannot easily be carried by the customer, because of its size or weight, you must collect the product. Mention this in your communication as well.

Provide a safe way to store the returned products. What you do with the returned products depends on the type of product and the risk:

• You first investigate the product.
• You destroy the returned products. Please consider the environmental regulations of your municipality.
• You repair the product.

Keep the supervising authority informed of your steps and follow their instructions.

The consequences of a public recall can be significant. For customers who have suffered damage, your business, and the product. Managing the recall costs time and money. To recall the product, you may have to advertise and send safety warnings several times. You can hire a marketing or communications agency to do this.

You may have to destroy or repair the products that have come back. Or you may have to supply replacement products. You will lose revenue and will incur additional costs.

Do you need to adjust the production process? Or carry out extra safety checks? These activities may disrupt the normal production process.

Claim for damages

If consumers have suffered physical injury, material, or mental damage because of your unsafe product, they can file a claim for damages with you. You can avoid legal proceedings by paying the claim for damages. If you do not do so, victims can jointly file a mass claim that will be brought before the court. You will then need a legal adviser or solicitor.

Please note: new EU legislation is on the way. The current Product Liability Directive will be replaced by 9 December 2026 at the latest. Important changes:

• the €500 damage threshold will be removed
• consumers can file a claim for damages up to 15 years after suffering the damage

Be aware that your liability will be further extended in the future.

Once the defect has been corrected and the product is safe again, you can put the product back on the market.You do not need permission from the supervising authority for this, but you must inform the supervising authority of the corrective measures you have taken. Give the renewed product a new registration or (type)name. This will make it clear that it is a new and improved product.

Also update your technical documentation and set out the changes that have been made. This demonstrates that the product once again complies with the legal requirements. According to the GPSR, you must keep this documentation available for the supervising authority for at least 10 years.