NETHERLANDS Law and Practice Contributed by: Eva Schothorst-Gransier, Claims Made Advocatuur
1.3 Obligations to Commence Corrective Action Economic operators are obliged to place only safe products on the market and to monitor those products. Where a manufacturer considers or has reason to believe, on the basis of the information in that manufacturer’s possession, that a product which it placed on the market is a dangerous product, the manufacturer shall immediately take appro - priate corrective measures and inform consum - ers. The corrective measures depend on the product, the nature and severity of the risk in question and (potential) damages, and the group of people for whom the product is intended (chil - dren or adults, for example). In case of a serious risk, a product recall might be required. Manufacturers shall ensure that other economic operators, responsible persons, and providers of online marketplaces in the supply chain con - cerned 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. He 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 them - selves 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 timely notified of a product recall of which they have actual knowledge or where certain information has to be brought to the attention of
ensure that businesses, organisations and gov - ernment agencies comply with laws and regula - tions regarding sustainable living, environment, physical safety, and the housing association sector. Nederlandse Arbeidsinspectie The Netherlands Labour Authority oversees machinery and tools at work to ensure compli - ance with laws and regulations with respect to working conditions. IGJ The Health and Youth Care Inspectorate ( Inspec- tie Gezondheidszorg en Jeugd , or IGJ) handles safety on medical devices and medication. ACM The Netherlands Authority for Consumers and Markets (ACM) is responsible for ensuring fair sales practices for consumers and preventing misleading marketing activities. Additionally, ACM oversees a significant portion of the Digi - tal Services Act (EU) 2022/2065. They are 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 provi - sions establish regulations that ensure compli - ance with Articles 16, 23, and 31 of the Digital Services Act (EU) 2022/2065. Scope of Power The scope of power of the above-mentioned Authorities is similar. They are authorised, among other things, to request information, carry out inspections and investigations, impose fines, and order corrective measures, etc.
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