Now: Article 6:185 of the Dutch Civil Code
- € 500 threshold for property damage
- Ten-year limitation period
- Tangible movable goods only
If you put a defective product on the market, you pay for the damage even without being at fault; from 9 December 2026 that also applies to software and to more parties in the chain.
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Additional questions follow per chosen insurance.
Additional questions follow per chosen insurance.
Additional questions follow per chosen insurance.
Additional questions follow per chosen insurance.
Product liability insurance covers the damage that a product you make, import or sell under your own brand causes to others. Think of a charger that starts a fire, a chair that collapses or a food product that makes someone ill. The injured party does not have to prove fault, only the defect, the damage and the causal link. Under the current rules, a threshold (franchise) of € 500 applies to consumers' property damage, and the claim lapses ten years after the product was put into circulation.
The new European Product Liability Directive changes this for products placed on the market after 9 December 2026. Software, AI systems and digital files for 3D printing will then count as products. Fulfilment service providers and, under certain conditions, online platforms can also be held liable if there is no EU manufacturer or importer. Medically recognised psychological harm and loss of non-business data will count, the threshold disappears and the time limit runs longer for latent personal injury.
In the Netherlands, product liability is usually a section within business liability insurance (AVB). We look at your role in the supply chain, your export countries, contracts with customers and whether you supply software, and tailor the sum insured, the territorial scope and any recall cover accordingly.
We compare your business liability insurance (AVB) across dozens of insurers, explain where the real differences lie, and arrange the switch from start to finish — without you having to chase it yourself.
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Get coveredThe right choice depends on your role in the supply chain, when your products are placed on the market and whether you want to cover recall costs.
For products placed on the market before 9 December 2026, the current strict liability rules continue to apply.
For new products, the directive widens the range of products and parties covered.
A recall is not liability and therefore falls outside the standard section.
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.
Insurers weigh these details differently. That is where your saving is.
We look at the terms as well as the premium, and stay your point of contact when there is a claim.
We are not tied to one insurer and compare on the basis of an objective analysis of several companies.
You call or email someone who knows your file. No menu options, no changing call centres.
We cancel your old policy and align the start date, so you are never a day without cover.
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
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.
Four points that determine whether your policy matches what you supply.
If you buy products outside the EU and sell them here, you are the manufacturer in the eyes of the law. The same applies if you put someone else's product on the market under your own brand name. A webshop selling electronics from Asia under its own label thus bears the full risk of a battery catching fire. When you apply, state which part of your range you import, because insurers apply their own premium and acceptance policy to it.
Under the new directive, software is a product, even when supplied separately or run as a service. A manufacturer remains liable for defects caused by an update or by failing to provide a necessary security update. This creates a new risk for a manufacturer of smart thermostats or medical apps, for example. Many existing policies exclude software damage or only cover physical products. Have the description of insured products amended before December 2026.
The territorial scope of Dutch product liability cover is often Europe, or worldwide excluding the US and Canada. There, jury trials and punitive damages can lead to amounts that insurers do not cover without a separate agreement. If you supply North America directly or through a distributor, an extension is needed, often with a higher premium and a separate sum insured. A turnover breakdown per export region forms the basis for this.
The insurance pays for the damage the product causes to people and other property, not for the product itself. Take a leaking water pipe coupling: the wet floor is covered, the coupling and replacing it are not. The costs of repairing or re-supplying to your customer are also at your own risk. For components built into someone else's product, such as a sensor in a machine, separate cover for removal and reinstallation costs is sometimes available.
Questions business owners ask about product liability and the new rules.
As a supplier within the EU, you are in principle only liable if the manufacturer or importer is unknown and you do not identify them within a reasonable time. Under the new directive, something similar applies to distributors and, under certain conditions, to online platforms. So keep your purchasing records per product and supplier, so that you can refer a claim on immediately.
No. The new rules apply to products placed on the market after 9 December 2026. For products supplied earlier, the current rules continue to apply, with the threshold and the existing time limits. However, a product that is substantially modified after that date, for example by a functional software update, may count as a new product.
The premium depends on turnover, the type of product, the export countries and your role as manufacturer, importer or trader. A small textile trader pays far less than a manufacturer of electrical appliances or baby products. We can only give an indication once we have details of your range, because insurers calculate a premium percentage of turnover per product group.
Usually not. Withdrawing a batch from the market is not compensation paid to a third party but a measure to prevent damage. The costs of communication, logistics and destruction therefore fall outside the standard section. Separate product recall insurance fills that gap, often only available to companies with good traceability per batch.
No, defence costs are included in almost all liability policies, even if the claim is ultimately rejected. With product claims, these can be substantial, because technical investigation into the defect is needed. Let the insurer conduct the defence and do not instruct an expert or lawyer yourself without consultation, otherwise those costs may remain at your expense.
Yes, through a contract. Large retailers and manufacturers often ask suppliers for an indemnity covering all damage, including recall costs and loss of profit. Anything beyond legal liability is excluded under the policy. So read supply terms before signing and negotiate a cap equal to the sum insured, or have the insurer assess in advance whether the arrangement can be covered.
Every situation is different. For these situations we have a separate page.
Request a quote without obligation. We will look at which insurer best matches your activities and your risk.
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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.
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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.
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