NETHERLANDS Law and Practice Contributed by: Eva Schothorst-Gransier, Claims Made Advocatuur
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 manufacturer’s possession, that a product which it placed on the market is a dangerous prod - uct, the manufacturer shall immediately inform, through the Safety Business Gateway, the mar - ket surveillance authorities of the member states in which the product has been made available on the market thereof, giving details, in particular, of the risk to the health and safety of consum - ers and of any corrective measure already tak - en, and, if available, of the quantity, by member state, of products still circulating on the market. The same applies to the importer. The distribu - tor shall ensure notification through the Safety Business Gateway. Authorities Notification Providers of online marketplaces shall immedi - ately inform, through the Safety Business Gate - way, the market surveillance authorities of the member states in which the relevant product has been made available on the market about dan- gerous 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 products still circulating on the market, if avail - able, and of any corrective measure that, to their knowledge, has already been taken. Manufacturers (or the responsible person) must report accidents involving their product through the Safety Business Gateway to the authority of the member state where the acci -
dent has occurred. The threshold for notifica - tion is occurrences associated with the use of a product that resulted in an individual’s death or in serious adverse effects on that individu - al’s health and safety, permanent or temporary, including injuries, other damage to the body, ill - ness and chronic health effects. The notification shall include the type and identification number of the product as well as the circumstances of the accident if known. The manufacturer (or the responsible person) shall notify, upon request, the competent authorities of any other relevant information. Importers and distributors will be required to inform the manufacturer of accidents they become aware of involving products supplied by them without undue delay. Providers of online marketplaces are required to notify without undue delay through the Safety Business Gateway of any accident of which they have been informed, resulting in a serious risk or actual damage to the health or safety of a con - sumer, caused by a product made available on their online marketplace and inform the manu - facturer thereof. In addition, they need to inform the relevant traders and economic operators without delay about the information they have received regarding accidents or safety issues, where they have knowledge that those traders offered the product in question through their The term “immediately” is understood to mean acting without undue delay. According to the Guidelines of the Commission Decision of 14 December 2004 (2004/905/EC) – which has since been repealed by the Commission Imple - menting Decision (EU) 2024/1761 of 21 June 2023 – it refers to taking action as soon as rel - interfaces. Time Limit
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