Knowledge Center

EU’s DORA Regulation: Is It A Basis For Director Liability In The Netherlands?

On 17 January 2025, the Digital Operational Resilience Act (DORA) went into force, introducing ongoing obligations for financial entities, such as maintaining registers of information, which the Dutch Authority for Financial Markets (AFM) will actively supervise. The following article summarises the new ICT risk management framework that DORA...

Netherlands DSA Implementation Act enters into force

On 4 February 2025, the Dutch Digital Services Act Implementation Act, the legislation transposing the EU Digital Services Act (DSA) into law in the Netherlands, entered into force, fulfilling an important requirement of the DSA: to designate national supervisory authorities by the deadline of 17 February 2024. The following article is an...

Netherlands Labor Law 2025: Key Changes and What’s Ahead

In 2025, labor law in the Netherlands has undergone several changes. This article covers the most important changes and the legislative adjustments planned for the future.

Hague Court Rules in Favour of Greenpeace in Biodiversity Litigation Against Dutch State

On 22 January 2025 in a landmark biodiversity litigation case, the Court of The Hague ruled in favour of Greenpeace, declaring that the Dutch state has acted unlawfully by failing to meet nitrogen reduction targets for 2025 and 2030.

Commercial Interest Can Be Lawful Basis for Data Processing: EU Court Overrules Dutch DPA

On 4 October 2024, the Court of Justice of the European Union (CJEU) ruled that, under certain conditions, a purely commercial interest can be considered a legitimate interest and serve as a lawful basis for processing personal data under the General Data Protection Regulation (GDPR).

CMS Expert Guide to Hydrogen Law and Regulation

Since the last CMS Expert Guide published in 2021, the pace of developments in the hydrogen sector has seen a surge in global activity. New projects are emerging worldwide, driven by climate commitments and the push for decarbonisation. While the scale of the challenges that still need to be overcome should not be underestimated, the step up in...

Netherlands Issues First Evaluation of Online Gambling Rules

In April 2021, the Dutch Gaming Act was amended to allow for legal access to online games of chance in the Netherlands. An evaluation of the new rules was scheduled three years after implementation. The following article summarises this evaluation, published in November 2024, which assessed the effects of the new rules since the time of their...

Netherlands Court of Appeal Milieudefensie v. Shell Decision to have Far-reaching Implications

On November 12, the Court of Appeal in The Hague rendered a landmark judgment in the climate case of Milieudefensie et al. v. Shell, which has garnered worldwide attention given its broader implications for corporate responsibility in addressing climate change. The following article delves into the key elements of the court's decision structured...

Netherland’s Court Rules Insurers Must Investigate and Act in a Timely Manner for Violations of Duty of Disclosure

A July 23, 2024 ruling by the Dutch Court of Appeal (ECLI:NL:GHSHE:2024:2400) addressed the obligations of insurers when an insured violates the pre-contractual duty of disclosure under Dutch law. The case concerned an insurer's claim of breach of the insured's duty of disclosure for failing to disclose diabetes on a health certificate.

Dutch Economy Minister Gives Lawmakers Feedback on EU Digital Services Act

On September 23, 2024, Netherland's Minister of Economic Affairs sent a letter to parliament detailing his first impressions of the functioning of the EU's Digital Services Act (DSA). The letter addresses three main areas: execution and oversight at the European level, execution and oversight in the Netherlands, and application of the DSA by the...

Netherland’s Consumer Authority Publishes DSA Guidelines for Providers of Online Services

In February 2024, the European Digital Services Act (DSA) was enacted. To help businesses understand this new regulation, in September 2024 the Authority for Consumer and Markets (ACM) released Guidelines on the DSA for providers of online services. These guidelines outline the types of services covered by the DSA, the rules that providers must...

Netherland’s Supreme Court Rulings Shake Up Dutch E-commerce: What You Need to Know

On October 4, 2024, the Dutch Supreme Court delivered two landmark rulings that have significant implications for e-commerce platforms. The rulings clarify that buttons labeled "place order," "order," or "complete order" do not meet the requirements set out in Article 6:230v of the Dutch Civil Code, which is derived...

Netherlands Publishes Survey on Compliance with “Guidelines for Online Consumer Protection”

In August 2024, the Dutch Consumer & Market Authority released a survey of webshops on adherence to the “Guidelines for Online Consumer Protection”. The study aimed to assess if webshops were complying with regulations to prevent online consumers from being misled. Key findings from the study are outlined below.

Streamlined Disclosure in Post-M&A Litigation: Insights from the NCC's Enforcement of Contractual Disclosure Clauses

The Netherlands Commercial Court (NCC) has set a precedent in a post-merger and acquisition (M&A) dispute by enforcing a contractual disclosure clause, thereby granting the seller extensive rights to documents and interviews with key executives. This decision underscores the NCC's commitment to uphold disclosure agreements within contracts and...

Netherlands Media Authority Fines a Social Media Influencer for the First Time

On 18 June 2024, the Dutch Media Authority imposed its first fine on an influencer/video uploader for breaches of the Dutch Media Act's advertising rules.

Dutch Supreme Court Clarifies Legal Status and Implications of Mediation Clauses

In a judgment of 12 July 2024, the Supreme Court of the Netherlands (Hoge Raad) clarified the legal status and implications of mediation clauses in commercial contracts. The ruling confirms that such clauses are either non-binding or obligatory, depending on the wording and the parties' reasonable expectations. The court also emphasised that...

Dutch Supreme Court Rules EVs Falling Short of Claimed Range are Non-conforming

In a landmark decision, the Supreme Court of the Netherlands has held that an electric vehicle (EV) that fails to achieve the advertised range under normal driving conditions does not conform to the contract of sale and can be returned by the buyer. This ruling may have significant implications for the automotive industry and consumer protection...

EU Adopts AI Act – Key Components and Next Steps for Organizations

The EU has adopted a comprehensive regulation on artificial intelligence (AI) that aims to foster innovation, ensure trustworthiness, and protect fundamental rights. The regulation sets out harmonised rules and obligations for providers, deployers, and users of AI systems in the EU, as well as third-country actors whose AI systems affect the EU...