On 8 December 2024, Directive (EU) 2024/2853 entered into force. It replaces rules that have been in place since 1985 and fundamentally changes who can be held liable when a product sold in the EU causes harm. For international webshop owners selling into the Netherlands, the practical consequences are significant. Below are the questions you are most likely asking right now.
Do I need to act immediately?
Not yet, but the clock is running. EU member states must transpose the directive into national law by 9 December 2026. The new rules will then apply to any product placed on the market after that date. Products already on the market before December 2026 remain subject to the old 1985 regime. That leaves you roughly 6 months to prepare, which sounds comfortable until you consider the contracts, insurance policies, and documentation systems that need updating.
I sell products made outside the EU. Does this affect me?
Yes, directly. This is one of the most important changes for international sellers. Under the old rules, liability sat primarily with the manufacturer. Under the new directive, the liability chain is explicit: if the manufacturer is based outside the EU, the importer, meaning the party that brings the product onto the EU market, assumes the same legal exposure as the manufacturer. If no importer can be identified within the EU, liability passes to the manufacturer’s authorised representative. If neither exists, it falls to the fulfilment service provider handling warehousing, packaging and shipping. Distributors are liable if they cannot, within one month of a request, identify another responsible party in the chain.
In practical terms: if you import electronics, clothing, furniture or any physical product from outside the EU and sell it to Dutch consumers, you are in the frame if something goes wrong.
What exactly counts as a “defective product” now?
The definition has expanded considerably. Software, AI systems, firmware and digital manufacturing files now count as products. A digital service that is so tightly integrated with a physical product that the product cannot function without it is treated as part of that product. A smart thermostat that depends on cloud connectivity to operate is a straightforward example. If the cloud service fails and causes damage, the product is considered defective even if the hardware itself is fine.
This matters for anyone selling connected devices, smart home products, wearables or any hardware that relies on an app or subscription service.
What if I run a marketplace rather than selling directly?
Online platforms face specific scrutiny under the new rules. If your platform presents a product in a way that leads an average consumer to believe the platform itself is supplying the product, rather than a third-party seller, you can be held liable. You are also required to identify the relevant manufacturer, importer or authorised representative within one month if a claimant requests this information. Failing to do so exposes you to liability.
The safeguard is that platforms acting purely as intermediaries, where it is clear to consumers that a third party is the seller, are treated differently. The key question is how the product is presented, not merely how the contract is structured.
I use dropshipping. Am I just a middleman, or am I liable?
Dropshipping sits in an uncomfortable position under the new rules. If you sell a product in your webshop and it is shipped directly by a supplier based outside the EU, you are almost certainly the importer in the eyes of the directive. That means you carry the same liability as the manufacturer, regardless of the fact that you never touched the product.
The consumer-facing presentation makes this worse, not better. If your webshop gives no indication that a product is shipped from abroad by a third party, a consumer reasonably assumes they are buying from a Dutch or European business with its own stock. Under the directive, that presentation matters. A webshop that creates the impression of being the supplier cannot later claim it was merely facilitating a transaction between the consumer and a foreign manufacturer. The test is what an average consumer would conclude from the way the product is shown, not what your terms and conditions say in paragraph 14.
How does proving a claim work? Is it harder for consumers to win now?
Easier, not harder. This is a meaningful shift. Courts can presume that a product is defective, and that the defect caused the damage, in several circumstances: when mandatory product safety rules were breached, when the product obviously malfunctioned, when a defendant refuses to disclose evidence, or when the technical complexity of the product makes it unreasonably difficult for the consumer to prove their case. The burden of proof for defences rests on the economic operator, not on the injured party.
The practical implication is that documentation becomes your primary defence. If you cannot demonstrate that the product was safe when it left your hands, you are in a weak position.
What damages can consumers now claim?
The old directive covered death, personal injury and property damage. The new rules add medically recognised psychological harm and damage to data. The limitation period remains three years from the date the injured person became aware of the damage, the defect and the liable party. The outer boundary for most claims is 10 years from when the product was placed on the market, but for personal injuries with long latency, this extends to 25 years.
Can I limit my liability through terms and conditions?
No. Liability under the directive cannot be excluded or limited by contract with consumers or by national law. Any clause in your terms and conditions that attempts to cap or exclude liability for defective products has no legal effect.
What should I do before December 2026?
Four areas need attention:
- Contracts with suppliers. Make sure your agreements with manufacturers, component suppliers and distributors allocate liability clearly and give you the right to claim back against them if you end up paying out to a consumer.
- Technical documentation. Maintain testing reports, risk assessments, safety instructions and records of any product modifications. This documentation is what allows you to raise a defence.
- Insurance. Review your product liability coverage in light of the expanded scope, particularly if you sell digital or connected products, and in light of the 25-year latency window for personal injury claims.
- Platform presentation. If you run a marketplace, audit how products are displayed. The visual and textual impression a consumer gets determines whether you bear platform liability.
The directive also interacts with the General Product Safety Regulation (GPSR), which already requires manufacturers of most products to have a responsible person established in the EU. If you are not yet compliant with GPSR, addressing that first makes sense, because the two frameworks together define your safety and liability obligations as a seller on the Dutch and broader EU market.
