Now: Article 6:185 of the Dutch Civil Code
- Producer and EU importer
- Own brand counts too
- Injury and property damage
Compare product liability insurance
Anyone who supplies a product is liable for the damage it causes, even without fault. From 9 December 2026 that group of liable parties becomes considerably larger: and software will be covered as well.
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In brief
Product liability is a strict liability: under Article 6:185 of the Dutch Civil Code you are liable for damage caused by a defective product, whether or not you made a mistake. The injured party only has to show the defect, the damage and the link between them.
You are not only a producer if you make the product yourself. Anyone who imports a product into the EU or sells it under their own name or brand also counts as a producer. For web shops and trading companies that is the most underestimated risk.
On 8 December 2024 the new Directive (EU) 2024/2853 entered into force; member states have to transpose it into national law by 9 December 2026 at the latest. The Dutch bill amending Books 6 and 7 of the Civil Code has been tabled. The new rules apply to products placed on the market after that date. For earlier products the current law continues to apply.
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What does product liability insurance cover?
The structure of the cover in three parts, with an overview per situation below.
From 9 December 2026
More products, more parties, more types of loss.
- Software and AI systems
- Distributors and platforms
- Psychological harm and data loss as well
Recall costs
The cost of taking a batch off the market.
- Recall action
- Communication and logistics
- Separate module
What is covered
| Situation | Covered |
|---|---|
| Injury caused by a defective product supplied | Yes |
| Damage to other property caused by your product | Yes |
| Liability as an importer from outside the EU | Yes |
| Recalling a batch from the market | Sometimes |
| Replacing the defective product itself | No |
| Intent and knowingly supplying defective products | No |
This overview is general in nature and is not personal advice. What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the insurance card (verzekeringskaart) of the insurer; you receive both before you take out cover. Taking out cover without advice? Then read what execution only means for you.
What does your premium depend on?
- Annual turnover: the main basis for calculation
- Type of product and application: food, medical and children's products weigh more heavily
- Sales area: the EU, or the United States and Canada as well
- Own production, import or resale
- Quality system and traceability
- Sum insured and excess
Insurers weigh these details differently. That is where your saving is.
How we arrange it
- You request a quoteWe take stock of your situation, your risk and your wishes.
- We compareseveral insurers, on premium as well as conditions.
- You receive a proposalWith an explanation of the differences and the exclusions.
- We arrange the switchIncluding cancellation, so there is no gap in cover.
Why arrange it through Finass Verzekert?
We look at the terms as well as the premium, and stay your point of contact when there is a claim.
Independent
We are not tied to one insurer and compare on the basis of an objective analysis of several companies.
One fixed adviser
You call or email someone who knows your file. No menu options, no changing call centres.
Switching without hassle
We cancel your old policy and align the start date, so you are never a day without cover.
Help with claims
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
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9.8Claims handling
Customers rate our service on four aspects: personal service, service delivery, availability and the outcome. The reviews are collected and published by NH1816 and come from customers who have actually taken out a policy with Finass Advies B.V. or reported a claim.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
Software will also become a product
The new directive covers not only physical goods but also software, apps, updates, AI systems, digital manufacturing files and raw materials. Software developers can therefore be treated as manufacturers. So for IT companies that until now have thought only about professional indemnity, a second basis for liability arises: and it is a strict liability.
The group of liable parties grows
Where at present it is mainly the producer and the EU importer who are at risk, distributors, fulfilment service providers and online platforms are being added. The principle is that there must always be a point of contact within the EU. If you sell through a marketplace or supply onwards, check before December 2026 where you stand in that chain.
Both the burden of proof and the concept of damage shift
Consumers will no longer have to prove the full chain of causation; where defects are clear or safety rules have been breached, liability will be accepted more readily. You will also have to disclose information about your production process at the court's request, and failure to disclose carries the presumption that the product was defective. The concept of damage is widened too: recognised psychological harm and the loss or corruption of digital data will count.
Responsibility does not stop at delivery
With products containing software or AI, a defect that only arises after delivery can fall within your liability. A failure to supply security updates or unclear instructions can in itself give rise to liability. Record how long you supply updates and what you say about it.
Frequently asked questions
This is what people ask us most.
Am I liable if I only import?
Yes. Anyone who imports a product from outside the EU counts as a producer within the meaning of the law and therefore carries the manufacturer's liability. The same applies if you sell under your own brand name.
What changes on 9 December 2026?
The new Directive (EU) 2024/2853 has to be transposed by then. The concept of a product is widened to software, AI and digital manufacturing files, more parties in the chain become liable, the burden of proof for consumers is eased and the concept of damage is widened. The rules apply to products placed on the market after that date.
Will I be covered by this as a software company?
You may be. Under the new directive software developers can be treated as manufacturers. Alongside your professional indemnity, a strict liability then arises, for which no fault has to be proved.
Are recall costs covered?
Usually not as standard. If you supply consumers or work in regulated sectors, ask expressly about recall cover. The cost of a recall is often higher than the damage itself.
Is the product itself paid for?
No. Replacing or repairing your own defective product is a business risk. What is paid for is the damage the product causes to others.
What should I be doing now?
Map out where you stand in the chain, check your documentation and traceability, set down your update policy and have your sums insured reviewed. The directive is already in force. Only the national transposition is still to come.
Every situation is different. For these situations we have a separate page.
- Compare public and employers' liability insurance (AVB)The main page
- Liability insurance for a webshop businessProducts, warehouse, imports
- Public and employers' liability insurance (AVB) through Avéro AchmeaProducts, processing, territorial limits
- Liability insurance for an online shop run by a self-employed professionalDropshipping, stock at home, personal or business
- Liability insurance for a bicycle shopBicycles supplied, the shop floor, test rides
- Liability insurance for a wine merchantImports, serving, delivery
- Liability insurance for a shopkeeperShop floor, goods sold, displays
- Liability insurance for an IT companyResale, engineers on the road, key holding
- Liability insurance for a software companyOn-site implementation, product liability, territorial scope
Read more
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About our service
Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.
You will find our licence, KvK and Kifid details and our complaints procedure at the foot of every page.
This page was compiled by Finass Verzekert (LinkedIn). Last updated on .
The information on this page is general in nature and is not personal advice.