More parties liable for defective products from 9 December 2026

^{More parties liable for defective products from 9 December 2026}

What changes on 9 December 2026?

Are you a manufacturer, importer, distributor, software developer or do you sell via an online platform? Then the rules on product liability are changing significantly. From 9 December 2026, more parties are liable for damage caused by defective products and the new liability also extends to software and artificial intelligence (AI) systems. The rules follow from European Directive 2024/2853 and are incorporated into Books 6 and 7 of the Dutch Civil Code.
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What exactly changes?

1. More products fall under product liability
In addition to physical products, the rules now explicitly cover software, AI systems and raw materials. Software developers can therefore be classified as manufacturers.

2. More parties can be held liable
In addition to manufacturers and importers, the following can now also be held liable:
✔ EU-based authorised representatives of non-EU manufacturers
✔ Fulfilment service providers (such as logistics companies)
✔ Distributors
✔ Online platforms acting as intermediaries

3. Compensation for more types of damage
You can now also be held liable for damage to consumer data. If your defective product destroys or corrupts data, for example files deleted from a hard drive, you may be held responsible.

4. Lower burden of proof for consumers
Consumers need to prove less. Legal presumptions apply in favour of the consumer regarding the defectiveness of products and the link to the damage suffered. You can no longer avoid liability simply by adding a warning or additional information to the product.

5. Longer liability period
The standard liability period remains 10 years. For products where health damage develops slowly, this is extended to 25 years.
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Who does it apply to?

✅ Manufacturers of physical products, software and AI systems
✅ Importers of products from outside the EU
✅ Distributors and logistics service providers
✅ Online platforms selling or intermediating products
✅ Authorised representatives of non-EU manufacturers in the EU

Note: the new rules apply to products placed on the market from 9 December 2026 onwards. Products already in circulation before that date remain subject to the old rules.
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When?

📅 Expected entry into force: 9 December 2026

Note: the entry-into-force date is not yet final. The Senate and House of Representatives must formally adopt the bill. Monitor the official publication in the Official Gazette.
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What do you need to do now?

1. Review your insurance: does your liability insurance also cover damage to data and AI-related damage?
2. Determine your role in the chain: do you as a distributor, platform or logistics provider fall under the new product liability rules?
3. Review contracts with suppliers: who bears liability for defects?
4. Document the safety of your products: keep evidence that your product complies with applicable safety requirements.