The clock is ticking: only two months to go before the revised EU product liability regime must enter into force

2 October 2026

The Dutch government published its response to parliamentary questions on the bill implementing the revised EU Product Liability Directive (Directive (EU) 2024/2853) on 3 September. The new rules must be transposed into Dutch law by 9 December 2026, meaning that the revised product liability regime is only months away from entering into force in the Netherlands.

Key Contacts

Huib Lebbing
Huib Lebbing
Attorney-at-law | Partner
Lucas Dröge
Lucas Dröge
Attorney-at-law | Partner
Leontine Cobben
Leontine Cobben
Attorney-at-law | Associate

On this page

What’s changing?

The revised EU Product Liability Directive entered into force on 8 December 2024 and significantly expands the EU product liability framework. The Dutch implementation is drafted and will soon be subject to parliamentary debate. Key changes include:

  • Broader circle of liable persons: where no EU-based manufacturer exists, importers, authorised representatives, fulfilment service providers, distributors and (under specific conditions) online platforms can be held liable for damage caused by a defective product. The circle of liable parties is broadened from “producer” to “economic operator”, following a tiered liability structure.
  • The concept of “product” is expanded: software, including AI systems, now explicitly falls within the definition of “product”. This clarifies that standalone software, digital manufacturing files and updates can fall within the scope of the revised directive. Software updates that render a product defective are also covered, provided the manufacturer has control over the update. Finally, electricity and raw materials, such as gas and water, are now also considered products.
  • Circular economy: repairers and refurbishers are generally not liable under the revised directive. However, they may be treated as a “manufacturer” if they make a substantial modification outside the control of the original manufacturer and subsequently place the product on the market. They then bear strict liability for damage arising from the defective product, although the threshold for a “substantial modification” is high.
  • Improved position for consumers: the revised directive introduces rebuttable presumptions of defectiveness and causation in certain cases, particularly for complex products such as those involving AI. A product is presumed to be defective if the economic operator does not provide access to relevant evidence, if the product does not comply with mandatory product safety requirements, or if it manifestly malfunctions during reasonably expected use. This eases the burden of proof for injured consumers, while still allowing manufacturers to present counter-evidence.
  • Expanded damages: in addition to compensation for death and personal injury, psychological harm can now also constitute recoverable damage caused by a defective product. The € 500 threshold for property damage has been abolished, meaning that smaller damages will also be covered and injured parties can claim full compensation.

Dutch implementation choices

The Dutch government has confirmed that the revised directive will be implemented on a one-to-one basis. Two explicit national choices have been made:

  • The development risk defence (known as the state-of-the-art defence) is maintained. This means that manufacturers will not be liable if the defect could not have been discovered based on the objective state of scientific and technical knowledge at the time of placing the product on the market.
  • No sectoral compensation fund will be established. The revised directive allows Member States to create such a fund for consumers who cannot obtain compensation because there is no (longer an) economic operator or because the operator is insolvent, but the Netherlands has decided not to introduce one.

What does this mean for manufacturers, distributors and importers?

With the implementation deadline approaching, manufacturers, importers and other economic operators are advised to review their product liability exposure in light of the upcoming legislation. This is particularly relevant for companies in the technology, software and AI sectors, as well as businesses involved in repair, refurbishment and the circular economy.

The revised product liability rules complement the General Product Safety Regulation (EU) 2023/988, which has applied since 13 December 2024. Together, these instruments form the modernised EU product safety and liability framework that every manufacturer and importer should be aware of.

Contact

Any questions on how the new product liability regime may affect your business? Feel free to contact our dedicated product liability team.