NETHERLANDS Law and Practice Contributed by: Eva Schothorst-Gransier, Claims Made Advocatuur
evant information becomes available. In all cas - es, this action must occur within ten days of the manufacturer or distributor obtaining reportable information indicating a dangerous product’s presence, even if investigations are still ongo - ing. When there is a serious risk, companies are required to inform the authorities immediately and in no case later than three days after they have obtained notifiable information. In an emer - gency situation, such as when immediate action is taken by a company, the company should inform the authorities immediately and by the most expedient means. Notification Process The GPSR makes it compulsory for economic operators and providers of online marketplaces to use the Safety Business Gateway to fulfil the The notification to the authorities via the Safety Business Gateway should include details of the notifier, the product involved, the safety risk at hand and conclusions of the risk assessment, the jurisdictions where the product was put on the market, the period in which it was sold, details of the supply chain (including the num - bers sold) and the corrective measures taken to prevent or limit the risk. notification obligations. Formal Requirements In order to inform consumers about a product safety recall, economic operators have to pre - pare a recall notice containing all the mandatory elements listed in the GPSR. A recommended template is provided (Safety Gate: the EU rapid alert system for dangerous non-food products). Amongst others, the “Product safety recall” notice needs to include a clear description of: • the hazard associated with the recalled prod - uct, avoiding any elements that may decrease
consumers’ perception of risk, such as by using terms and expressions such as “vol- untary” , “precautionary” , “discretionary” , “in rare situations” or “in specific situations” or by indicating that there have been no reported accidents; and • the remedies available to consumers, includ - ing the choice between at least two of the following remedies: repair, replacement or refund. 1.5 Penalties for Breach of Product Safety Obligations The authorities have recourse to various inter - ventions in case of non-compliance. These depend on the type of violation (serious, medium or light), the consequences of the violation, the conduct of the offender and all other facts and circumstances of the situation. In general, the more serious the violation in terms of product safety, or in case of repeat violations, the heav - ier the penalty. Interventions, which are non- exhaustively summarised in the Annex of the General Intervention Policy 2024 of the NVWA (that applies as of 13 January 2024), include, amongst others: • an official warning; • corrective measures, such as a product recall; • an administrative fine or criminal penalty; For non- or late notification of a product safety issue, an administrative fine of EUR795 applies, or EUR1,590 for companies with more than 50 employees. These amounts also apply to put - ting unsafe products on the market. They may vary slightly, depending on product type. One can also be criminally prosecuted for non- or late notification, leading to six months of imprison - • closure or shutdown of activities; • suspension of accreditation; and • criminal prosecution.
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