Dutch civil evidence rules: burden of proof and inspection of data

In Dutch civil litigation, the party that relies on a fact must prove it (Article 150 of the Dutch Code of Civil Procedure, Rv), unless a special rule or reasonableness and fairness require a different allocation. Since 1 January 2025, the Simplification and Modernisation of Evidence Law Act (Wet vereenvoudiging en modernisering bewijsrecht) has made it easier to obtain evidence from the other side: Articles 194 to 195a Rv replaced the old inspection right of Article 843a Rv.

The new rules apply to proceedings started on or after 1 January 2025. In cases that were already pending on that date, the old rules continue to apply in that instance.

Who has to prove what in a Dutch civil case?

The party invoking the legal consequence of certain facts bears the burden of proving those facts (Article 150 Rv). If you cannot prove a disputed fact, the court decides as if it did not happen, even if your legal argument is sound.

Some facts need no proof (Article 149 Rv): facts of general knowledge, rules of common experience, and facts the other party has admitted or not sufficiently disputed. That last category matters in practice. A general denial is not enough; the other party must dispute your facts with reasons, or the court can treat them as established.

Evidence is free in principle: the court weighs witness statements, documents, expert reports and other material as it sees fit, unless the law provides otherwise. Notarial and other authentic deeds, and private deeds signed by the party against whom they are used, have compelling evidential value for what they record; the other party may prove the contrary. More on the court process is in our overview of Dutch litigation law.

What changed on 1 January 2025?

The 2025 Act moved the inspection right into the general evidence rules, widened it from documents to data and lowered the threshold. It also gave the court an explicit active role in finding the truth and extended witness privilege to life companions.

How does the new right to inspect data work?

A party to a legal relationship who has a sufficient interest can claim inspection, a copy or an extract of specific data about that relationship from whoever holds it (Article 194 Rv). You meet that threshold by making it plausible that you have an interest in the specific data; you bear the costs of providing it.

You can request the data before proceedings, during proceedings or as a separate claim. The data must be identified precisely enough; a “fishing expedition” for everything the other party holds will not succeed. The holder can refuse only if it has a right of privilege as a witness, for example because of a professional duty of confidentiality, or if compelling reasons (gewichtige redenen) oppose disclosure, such as trade secrets or the privacy of others. If the holder is a third party outside the legal relationship, the court can order it to provide the data after hearing all involved (Article 195a Rv). Our article on the reformed right to inspect evidence covers the details.

No court order is needed if the holder cooperates. If it refuses, you can ask the court to order inspection, if necessary in summary proceedings (kort geding). A party that refuses without good reason during proceedings risks the court drawing the conclusion it considers appropriate.

What role does the court play in finding the truth?

Since 2025, Article 24 paragraph 2 Rv states that the court may, within the limits of the dispute, discuss with the parties of its own motion the basis of their claim, request or defence. It is a power, not a duty; the parties still determine what the dispute is about.

In practice the judge acts as a director of the proceedings: asking questions at the oral hearing, pointing out gaps and ordering parties to submit information. Prepare your case for the arguments the court may raise, not only for those of your opponent. Under Article 21 Rv, parties must also state the relevant facts fully and truthfully; if they do not, the court can draw the conclusion it considers appropriate.

Who can refuse to testify as a witness?

Witnesses are in principle obliged to appear and testify. Under Article 165 Rv, (former) spouses, registered partners and, since 2025, life companions (levensgezellen) of a party may refuse to testify, as can people with a professional duty of confidentiality, such as lawyers, notaries and doctors.

Whether someone is a life companion depends on the facts. The decisive factor is a close connection of fate (nauwe lotsverbondenheid); the court also looks at a joint household, how long it has lasted and whether the relationship is affective. The person invoking the privilege must make that relationship plausible.

How can you gather evidence before a case starts?

Besides the inspection right, you can ask the court for preliminary evidence measures (voorlopige bewijsverrichtingen, Article 196 Rv) before or during proceedings, such as a preliminary witness examination, an expert report or a site inspection. These help you assess your chances before you issue a summons.

If evidence is at risk of disappearing, you can also request leave from the court for a prejudgment attachment of evidence (conservatoir bewijsbeslag) under Article 205 Rv, so that documents or data are secured by a bailiff. The court assesses summarily whether the conditions of Article 194 Rv are met and refuses leave if confidentiality is not sufficiently protected.

What should you check as the party seeking evidence?

• Which facts do you have to prove under Article 150 Rv, and which are undisputed?
• Which specific data do you need, who holds it and can you describe it precisely?
• Can you make your interest in that data plausible?
• Is there a risk the data will be lost, so that an attachment of evidence is needed?
• Did your proceedings start before or after 1 January 2025?

What should you check as the party asked to provide data?

• Is the request specific enough, or is it a fishing expedition?
• Do compelling reasons apply, such as trade secrets, privacy of third parties or a disproportionate burden?
• Does a duty of confidentiality or privilege cover part of the data?
• Can confidentiality be protected by giving access only to the other party’s lawyer or to the court?
• What does a refusal cost you if the court later draws conclusions from it?

What can we do for you with evidence in civil litigation?

Our litigators assist companies and individuals in civil proceedings before the Dutch courts; see also our civil law page.

• We map which facts you must prove and which evidence you already have.
• We draft and enforce an inspection request under Articles 194-195a Rv.
• We assess and defend against an inspection request aimed at your company.
• We apply for preliminary witness examinations, expert reports or an attachment of evidence.
• We prepare witnesses and the oral hearing.

Summary

• The party relying on a fact must prove it (Article 150 Rv); facts not sufficiently disputed are taken as established.
• Since 1 January 2025, Articles 194-195a Rv replace Article 843a Rv: data instead of documents, sufficient interest instead of legitimate interest.
• The holder of data can only refuse on the basis of privilege or compelling reasons.
• Article 24 paragraph 2 Rv confirms the court’s active role; life companions may now refuse to testify.
• Cases pending on 1 January 2025 continue under the old rules in that instance.

Frequently asked questions