NETHERLANDS Law and Practice Contributed by: Eva Schothorst-Gransier, Claims Made Advocatuur
portion of the Digital Services Act (EU) 2022/2065. It is also the designated authority for online marketplace providers regarding the enforcement of Article 22, Sections 7 to 9 and Section 11 of the General Product Safety Regulation (GPSR). These provisions establish regulations that ensure compliance with Articles 16, 23, and 31 of the Digital Services Act (EU) 2022/2065. Scope of Power The scope of powers of the above-mentioned authori - ties are similar. They are authorised, among other things, to request information, carry out inspections and investigations, impose fines, and order corrective measures, etc. 1.3 Obligations to Commence Corrective Action Economic operators are obliged to place only safe products on the market and to monitor those prod - ucts. Where a manufacturer considers or has reason to believe, on the basis of the information in that manu- facturer’s possession, that a product which it placed on the market is a dangerous product, the manufactur - er shall immediately take appropriate corrective meas - ures and inform consumers. The corrective measures depend on the product, the nature and severity of the risk in question and (potential) damage, and the group of people for whom the product is intended (children or adults, for example). In the case of a serious risk, a product recall might be required. Manufacturers shall ensure that other economic oper - ators, responsible persons, and providers of online marketplaces in the supply chain concerned are kept informed in a timely manner of any safety issue they have identified. Importers ensure that corrective measures are taken, and where such measures have not been taken, the importer shall immediately take them. It also needs to ensure that consumers are immediately informed. The distributor also has to ensure corrective measures are taken but is not obliged to take corrective measures itself where the manufacturer or the importer has not taken such measures. The distributor doesn’t have to inform consumers.
Providers of online marketplaces shall, among other things, ensure that affected consumers who bought the product through their interfaces are notified in a timely manner of a product recall of which they have actual knowledge or where certain information has to be brought to the attention of consumers to ensure the safe use of a product and publish information on product safety recalls on their online interfaces. 1.4 Obligations to Notify Regulatory Where a manufacturer considers or has reason to believe, on the basis of the information in that manu- facturer’s possession, that a product which it placed on the market is a dangerous product, the manufac - turer shall immediately inform, through the Safety Business Gateway, the market surveillance authorities of the member states in whose markets the product has been made available, giving details, in particular, of the risk to the health and safety of consumers and of any corrective measure already taken, and, if avail - able, of the quantity, by member state, of products still circulating on the market. The same applies to the importer. The distributor shall ensure notification through the Safety Business Gateway. Authorities Notification Providers of online marketplaces shall immediately inform, through the Safety Business Gateway, the market surveillance authorities of the member states in which the relevant product has been made available on the market, about dangerous products that were offered on their online interfaces, of which they have actual knowledge, by providing the appropriate details available to them of the risk to the health and safety of consumers, of the quantity (by member state) of prod - ucts still circulating on the market, if available, and of any corrective measure that, to their knowledge, has already been taken. Manufacturers (or the responsible person) must report accidents involving their products through the Safety Business Gateway to the authority of the member state where the accident has occurred. The threshold for notification is occurrences associated with the use of a product that resulted in an individual’s death or in serious adverse effects on that individual’s health and safety, permanent or temporary, including inju -
214 CHAMBERS.COM
Powered by FlippingBook