Legal glossary

This glossary explains the terms that come up most often in Dutch legal practice. Each entry gives a short definition, the statutory basis, how the rule works in practice and where things typically go wrong. The entries are written for clients and their advisers, not for specialists, and every term is also available in Dutch on our Dutch-language site.

The glossary contains 380 terms across ten practice areas: corporate law, employment law, immigration law, family law, energy law, real estate law, criminal law, civil law, IT law and administrative law.

Corporate law

See also our page on corporate law.

Employment law

See also our page on Dutch employment law.

  • Birth leave (geboorteverlof) — Birth leave is the Dutch leave for a partner after a birth: one working week on full pay, then up to 5 weeks of additional leave with a UWV benefit.
  • Chain rule for fixed-term contracts (ketenregeling) — The rule that a succession of fixed-term contracts converts into a contract of indefinite duration after three contracts or thirty-six months.
  • Collective labour agreement (CAO) — A CAO is the collective agreement between employers and trade unions on terms of employment, which overrides conflicting individual clauses.
  • Collective redundancy (WMCO) — An employer dismissing twenty or more employees in one region within three months must notify the UWV and consult the trade unions.
  • Employer liability for accidents at work — An employer is liable for the loss an employee suffers at work unless it proves that it met its statutory duty of care in full.
  • Fair compensation (billijke vergoeding) — Additional compensation awarded on top of the transition payment where the employer has acted in a seriously culpable manner.
  • False self-employment — False self-employment arises where a contractor is formally self-employed but in fact works under authority, so that an employment contract exists.
  • Fixed-term employment contract — A fixed-term contract ends by operation of law on the agreed date, with a written notification duty one month before that date.
  • Gatekeeper Improvement Act — The Gatekeeper Improvement Act prescribes the reintegration steps employer and employee must take during the first two years of illness.
  • Holiday entitlement — Statutory holiday lapses six months after the year in which it accrued; contractual holiday is only time-barred after five years.
  • Intimidation at work (intimidatie) — Intimidation at work covers bullying, sexual harassment, aggression and discrimination. The Working Conditions Act requires a policy against it.
  • Non-compete clause (concurrentiebeding) — A contractual restriction on working for a competitor after the contract ends; it must be in writing and, if temporary, reasoned.
  • Non-solicitation clause (relatiebeding) — A clause barring a departing employee from approaching the employer’s own clients; a narrower form of the non-compete clause.
  • Notice period (opzegtermijn) — The period to be observed on termination: one month for the employee and one to four months for the employer, by length of service.
  • On-call contract — Under an on-call contract the hours are not fixed; the employer must give four days’ notice and after twelve months offer a fixed number of hours.
  • Parental and birth leave — Parents are entitled to birth leave, additional birth leave and twenty-six weeks of parental leave, nine of them partly paid.
  • Pay Transparency Act (Wet loontransparantie) — The Dutch Pay Transparency Act is a bill implementing EU Directive 2023/970 on pay openness and the gender pay gap; not yet in force in October 2026.
  • Payrolling — In payrolling the employee is formally employed by a payroll company but works exclusively for the client, with a right to the same terms as its own staff.
  • Permanent contract (vast contract) — A permanent contract has no end date. Ending it requires reasonable grounds plus UWV or court approval, or the employee’s written consent.
  • Probationary period (proeftijd) — A short initial period in which either party may end the employment immediately; valid only in writing and only for contracts longer than six months.
  • Prohibition on dismissal during illness — During the first two years of illness the employer may not give notice, subject only to a limited number of statutory exceptions.
  • Settlement agreement (vaststellingsovereenkomst) — A written agreement in which employer and employee end the employment by mutual consent, subject to a statutory two-week cooling-off period.
  • Sick pay obligation — During illness the employer must continue to pay at least seventy per cent of salary for two years, with the minimum wage as a floor in the first year.
  • Study costs clause — Since 2022 the cost of compulsory training may not be recovered from the employee; other courses are subject to strict conditions.
  • Summary dismissal (ontslag op staande voet) — Immediate termination for an urgent cause, valid only if the dismissal is given without delay and the reason is stated at once.
  • Termination by the subdistrict court — Termination by the subdistrict court is the route for dismissal on personal grounds, on one of the statutory grounds listed in the Civil Code.
  • Transfer of undertaking — On a transfer of undertaking the employees pass automatically to the transferee, keeping all of their existing terms and conditions.
  • Transition payment (transitievergoeding) — The statutory severance an employee is owed when the employer ends the employment: one third of a month of salary per year of service, from the first day.
  • Undeclared work (zwart werk) — Undeclared work is paid work kept off the payroll without wage taxes. Once found, six months of wages are presumed (Art. 30a Wage Tax Act 1964).
  • Unilateral variation clause — A unilateral variation clause lets an employer change terms of employment, but only where a substantial interest outweighs the employee’s.
  • UWV dismissal procedure — The route for dismissal on business-economic grounds or after two years of illness, where the UWV must give permission first.
  • Working Hours Act (Arbeidstijdenwet) — The Dutch Working Hours Act limits how long employees may work and sets minimum rest and breaks, enforced by the Netherlands Labour Authority.
  • Works council — A works council is compulsory from fifty employees and holds advisory rights on organisational decisions and consent rights on social arrangements.

Immigration law

See also our page on immigration law.

Family law

See also our page on family law.

  • Acknowledgement of a child (erkenning) — The legal act by which a person becomes the parent of a child they did not bear; since 2023 it also creates joint parental authority.
  • Adoption — Adoption severs the legal family tie with the original parents and creates a new one with the adoptive parents; only a court can grant it.
  • Change of a child’s surname — A child’s surname can be changed by application to the Crown, subject to its own conditions and to prescribed periods of care.
  • Child maintenance (kinderalimentatie) — The contribution a parent pays towards the cost of a child’s care and upbringing, calculated from the child’s needs and each parent’s capacity to pay.
  • Co-parenting — Co-parenting is a roughly equal sharing of care after separation; it is not a statutory term but does have financial consequences.
  • Cohabitation agreement — A cohabitation agreement records arrangements between unmarried partners; Dutch law provides them with almost no rights by default.
  • Community of property (gemeenschap van goederen) — The statutory matrimonial property regime; since 2018 it is limited, so pre-marital assets, gifts and inheritances stay private.
  • Contact arrangement (omgangsregeling) — The agreed or court-ordered arrangement for contact between a child and the parent with whom that child does not actually live.
  • Divorce covenant — A divorce covenant records the parties’ arrangements on property, maintenance and pension, and is attached to the court order.
  • Divorce mediation — In divorce mediation a neutral mediator guides both partners towards arrangements that are then recorded in a divorce covenant.
  • Divorce proceedings — A divorce runs by petition to the district court, with mandatory representation by a lawyer and registration in the civil status registers.
  • Family supervision order — A family supervision order appoints a family guardian to supervise a minor, while the parents themselves retain parental authority.
  • Guardianship — Guardianship is authority over a minor exercised by someone other than a parent, for instance after death or termination of parental authority.
  • International child abduction — The wrongful removal or retention of a child across a border, with return proceedings brought before the district court in The Hague.
  • Joint divorce petition (echtscheiding op gemeenschappelijk verzoek) — A divorce applied for by both spouses together through one lawyer, on the ground that the marriage has irretrievably broken down.
  • Judicial determination of paternity — Where a father does not acknowledge the child, the court can determine paternity, with retroactive effect to the date of birth.
  • Parental authority (ouderlijk gezag) — The legal responsibility for a minor child’s upbringing, property and representation; acknowledgement now also creates joint authority.
  • Parenting plan (ouderschapsplan) — The written agreement on care, information exchange and child maintenance that divorcing parents of minor children must file with their petition.
  • Pension equalisation — On divorce the former partner is entitled to half the retirement pension built up during the marriage, provided the provider is notified within two years.
  • Prenuptial agreement (huwelijkse voorwaarden) — A notarial agreement in which spouses depart from the statutory matrimonial property regime, made before or during the marriage.
  • Protective administration — Protective administration is the measure by which the subdistrict court entrusts management of a person’s assets to an administrator.
  • Registered partnership — A registered partnership closely resembles marriage, but can be ended without going to court where there are no minor children.
  • Relocation with a child — Parents with joint authority need each other’s consent to move house with a child; where consent is refused, the court decides.
  • Spousal maintenance (partneralimentatie) — Maintenance paid to a former spouse who cannot provide for themselves; since 2020 the duration is normally half the marriage, capped at five years.
  • Termination of parental authority — The court can terminate parental authority where the child’s development is seriously threatened and the parent cannot resume responsibility.
  • Variation of maintenance — Maintenance can be varied where circumstances change or where the original order rested on incorrect or incomplete information.

Energy law

See also our page on energy law.

  • ACM supervision in the energy sector — The Authority for Consumers and Markets regulates grid tariffs, adopts the codes and resolves disputes between connected parties and grid operators.
  • Charging infrastructure — Charging points are subject to their own rules on grid connection, siting in public space, transparent pricing and user rights.
  • Collective heat supply (Wet collectieve warmte) — The Collective Heat Act lets municipalities designate heat areas and moves district heating tariffs to a cost-based footing instead.
  • Congestion management — Congestion management is the set of measures by which a grid operator allocates scarce transport capacity and frees up additional room on the grid.
  • Connection and transport agreement (aansluit- en transportovereenkomst) — The connection and transport agreement governs, between connected party and grid operator, the connection and the contracted capacity.
  • Connection capacity — Connection capacity is the capacity for which a connection was built; it determines the tariff and is separate from contracted transport capacity.
  • Consumer energy contract — Consumers are entitled to clear contract terms, a model contract and protection on termination and on the supplier’s insolvency.
  • Disconnection rules — A small consumer cannot simply be disconnected: warning periods, an offer of debt assistance and a winter moratorium all apply first.
  • Emissions trading (ETS) — The EU emissions trading system caps greenhouse gas emissions; participating operators must surrender allowances for their emissions each year.
  • Energy Act (Energiewet) — The Energy Act entered into force on 1 January 2026 and replaced the Electricity Act 1998 and the Gas Act as the market framework.
  • Energy community — An energy community is a body of citizens or businesses that generates, shares, stores or supplies energy with a social purpose.
  • Energy label — The energy label records a building’s energy performance; office buildings have been required to hold at least label C since 2023.
  • Energy saving obligation — Businesses with substantial energy use must take every measure that pays for itself within five years and report on it periodically.
  • Energy storage — Energy storage such as batteries has its own position on the grid; connection, tariffs and the role as market participant require separate arrangements.
  • Feed-in charges for solar power — Suppliers may charge feed-in costs to households with solar panels, provided the charges reflect actual costs and can be explained.
  • Grid congestion (netcongestie) — Grid congestion arises where demand for transport capacity exceeds what the network can safely carry, so new requests are refused.
  • Grid operator (netbeheerder) — A grid operator is the statutorily appointed operator of an electricity or gas network, separated by law from production and supply.
  • Guarantee of origin (garantie van oorsprong) — A guarantee of origin certifies that one megawatt hour came from a renewable source and is tradable separately from the electricity.
  • Hydrogen regulation — The European hydrogen and gas decarbonisation package builds a regulated hydrogen market, with designated network operators and unbundling.
  • Net metering scheme (salderingsregeling) — Net metering lets owners of solar panels offset the electricity they feed in against what they take out; it ends on 1 January 2027.
  • Permits for solar and wind farms — A solar or wind farm needs an environmental permit, often an environmental impact assessment, and a grid connection that is scarce in congestion areas.
  • Power purchase agreement (PPA) — A power purchase agreement is a long-term contract under which a buyer takes the output of one installation at an agreed price.
  • Programme responsibility — Programme responsibility is the duty to forecast electricity supply and demand in advance and to settle deviations financially.
  • SDE++ subsidy — The SDE++ covers the unprofitable component of renewable energy and carbon reduction projects, awarded per round by cost effectiveness.
  • Smart meter — The grid operator offers every small consumer a smart meter; the customer may refuse it or have the remote reading switched off.
  • Supply licence (leveringsvergunning) — A supply licence from the ACM is required to supply electricity or gas to small consumers and sets demands on the organisation.

Real estate law

See also our page on real estate law.

  • Acquisitive prescription — Long possession of land can lead to ownership by prescription; the original owner may then claim compensation in kind from the possessor.
  • Age clause — An age clause limits the seller’s liability for defects that are associated with the age of the property that is being sold on.
  • Apartment right and owners association (appartementsrecht en VvE) — An apartment right gives a share in a divided building with exclusive use of one unit and membership of the owners association.
  • Building Quality Assurance Act — Since 2024 an independent quality assurer checks new build in consequence class 1, and the contractor’s liability after completion is wider.
  • Chain clause and qualitative obligation — A chain clause obliges a buyer to pass the obligation on to successors; a qualitative obligation runs with the property automatically.
  • Construction contract — Under a construction contract the contractor undertakes to build and deliver a work; completion is the pivot for liability and risk.
  • Easement (erfdienstbaarheid) — An easement is a charge on one property for the benefit of another, such as a right of way, and passes with the land on transfer.
  • Environment plan — The environment plan replaces the zoning plan and contains all the municipal rules on the physical living environment in the municipality.
  • Environmental permit (omgevingsvergunning) — The environmental permit is the single permission the Environment and Planning Act requires for building, demolition and use changes.
  • Eviction — Evicting leased premises requires a court judgment; only once that judgment is obtained may a bailiff actually clear the property.
  • Financing condition (financieringsvoorbehoud) — A financing condition lets the buyer dissolve the purchase without penalty on showing, in time and with documents, that no mortgage came.
  • Ground lease (erfpacht) — Erfpacht is the real right to hold and use another’s land against a periodic ground rent; the deed of grant sets the conditions.
  • Housing valuation system — The housing valuation system awards points to a rented home and sets the maximum rent; since 2024 it also covers the mid-market segment.
  • Mortgage right — A mortgage is a limited right over registered property giving the creditor priority and the power to sell without a court order.
  • Neighbour law — Neighbour law governs relations between owners of adjoining plots, from boundaries and overhanging branches to views and nuisance.
  • Non-conformity in a house purchase — A house is non-conforming where it lacks the qualities the buyer was entitled to expect, with normal use as the usual yardstick.
  • Other business premises (230a) — Offices, storage and consulting rooms fall under Article 7:230a and enjoy only eviction protection, not any security of tenure.
  • Purchase agreement for real estate (koopovereenkomst onroerende zaak) — A purchase agreement for a home bought by a consumer must be in writing and usually contains a deposit and a ten per cent penalty clause.
  • Rent increase — Regulated housing is subject to statutory maximum annual rent increases; in the liberalised sector the contract governs, within limits.
  • Rent review for business premises — Tenant and landlord of retail business premises may seek a new rent after five years, based on comparable premises in the locality.
  • Residential rent protection (huurbescherming woonruimte) — Residential tenants are strongly protected: termination is possible only on statutory grounds and rents up to a threshold are capped.
  • Residential tenancy agreement (huurovereenkomst woonruimte) — A residential tenancy agreement is the Dutch contract to rent out a home; since 1 July 2024 it is concluded for an indefinite period as the rule.
  • Retail business premises lease (290-bedrijfsruimte) — Leases of retail and hospitality premises fall under article 7:290, giving the tenant five plus five years and termination protection.
  • Right of superficies — A right of superficies breaks accession: the holder owns the buildings, works or plantings situated on another person’s land.
  • Service charges — Service charges are the payments for supplies and services alongside the bare rent; the landlord must account for them each year.
  • Soil contamination — Soil contamination affects the value and usability of land; since the Environment and Planning Act the rules sit in environmental law.
  • Statutory cooling-off period (wettelijke bedenktijd) — The statutory cooling-off period gives a consumer buying a home three days to dissolve the purchase without giving any reasons.
  • Substitution of tenant — Substitution allows the court to authorise a tenant of business premises to put a third party in their place when the business is sold.
  • Temporary tenancy agreement (tijdelijk huurcontract) — Since 1 July 2024, a temporary residential tenancy in the Netherlands is only allowed with groups designated by law, such as students.
  • Transfer of title (juridische levering) — Transfer of title to immovable property requires a notarial deed and registration in the public land registers before ownership passes.

Criminal law

See also our page on criminal law.

Civil law

See also our page on civil law.

  • Appeal in civil cases — An appeal is a full rehearing of a civil case by the court of appeal, to be lodged within three months of the date of judgment.
  • Assignment of claims — Assignment transfers a claim to another creditor; disclosed assignment requires notice to the debtor, undisclosed assignment a registered deed.
  • Attributability (toerekenbaarheid) — Attributability determines whether a breach or wrongful act can be charged to a party, through fault, law, contract or common opinion, under Dutch law.
  • Breach of contract (wanprestatie) — A failure to perform a contractual obligation that is attributable to the debtor, giving the other party a claim for damages.
  • Burden of proof — The party relying on the legal consequences of facts bears the burden of proving them, unless a special rule or fairness requires otherwise.
  • Causation (causaal verband) — Causation is the required link between the event that creates liability and the damage claimed; Dutch law applies a two-step test under article 6:98 BW.
  • Claim for performance (nakoming) — Performance (nakoming) means carrying out what was agreed; the creditor can ask a Dutch court to order it under article 3:296 BW, often with a penalty.
  • Conformity requirement (conformiteit) — Conformity means that goods delivered under a Dutch sale must match the contract and have the properties the buyer could reasonably expect.
  • Contributory fault (eigen schuld) — Contributory fault reduces the damages owed when circumstances attributable to the injured party also caused the loss, under article 6:101 BW.
  • Court cost rates (liquidatietarief) — The liquidatietarief is the fixed points-based rate Dutch courts use to set the lawyer’s fee that a losing party must pay to the winner.
  • Damages — Damages are intended to put the injured party in the position they would have been in had the damaging event not taken place.
  • Debt collection costs — An unpaid money claim attracts a statutory scale of collection costs; against consumers a fourteen-day reminder is compulsory.
  • Default (verzuim) — The state a debtor enters after a valid notice of default or a missed fixed deadline; it is the precondition for damages and rescission.
  • Duty to complain — A party who discovers a defect in performance must protest within a reasonable time; complaining too late forfeits all rights.
  • Error (dwaling) — A contract entered into on a mistaken assumption caused by the other party’s statement or silence can be annulled, or adjusted by the court.
  • Executory attachment — With an enforceable title a creditor can attach the debtor’s assets and have them sold by a bailiff to satisfy his claim in full.
  • Exoneration clause — An exoneration clause limits or excludes liability; it is set aside where reliance on it would be unacceptable by standards of reasonableness and fairness.
  • Force majeure — Force majeure exists where a failure cannot be attributed to the debtor; no damages are then payable, though rescission remains open.
  • General terms and conditions (algemene voorwaarden) — Standard clauses drafted for repeated use; they bind the other party only if they were made available before or at the moment of contracting.
  • Interruption of limitation (stuiting van verjaring) — Interrupting limitation means stopping a running Dutch limitation period in time, by written notice or legal action, so a new period starts.
  • Joint and several liability — Under joint and several liability the creditor may claim the whole debt from any one debtor, with recourse between them afterwards.
  • Judgment (vonnis) — A judgment (vonnis) is the decision of a Dutch district or subdistrict court in civil proceedings started by writ or in a criminal case.
  • Latent defect (verborgen gebrek) — A latent defect is a flaw in a sold item that was not visible at purchase and appears later; Dutch law assesses it under conformity, article 7:17 BW.
  • Lifting an attachment (opheffing van beslag) — Lifting an attachment means asking the Dutch interim relief judge to end a prejudgment attachment, for example because the claim is unfounded.
  • Limitation period (verjaring) — The period after which a claim can no longer be enforced; five years for most contractual and damages claims, twenty years as the outer limit.
  • Notice of default (ingebrekestelling) — A written demand giving a debtor a final reasonable period to perform, and the step that puts the debtor in default under Dutch law.
  • Nuisance between neighbours (burenhinder) — Nuisance between neighbours is noise, smells or other disturbance from one property that is unlawful under article 5:37 of the Dutch Civil Code.
  • Penalty clause — A penalty clause requires payment of a fixed sum on breach; the court may reduce it where applying it would produce a manifestly excessive result.
  • Penalty payment (dwangsom) — A sum a court orders a party to pay for each breach of, or day of non-compliance with, a judgment; it cannot be attached to an obligation to pay money.
  • Prejudgment attachment (conservatoir beslag) — Attachment of assets before judgment, with the court’s leave, to secure recovery; proceedings on the merits must follow within a set period.
  • Preliminary relief proceedings (kort geding) — Fast civil proceedings before the provisional relief judge for an urgent, provisional order; a judgment usually follows within weeks.
  • Procedural costs order (proceskostenveroordeling) — A procedural costs order is the court’s ruling that the losing party in Dutch civil proceedings pays the other side’s legal costs, set at fixed rates.
  • Reasonableness and fairness (redelijkheid en billijkheid) — Reasonableness and fairness is the Dutch open standard that adds unwritten duties to a contract or, in exceptional cases, sets aside a clause.
  • Rescission of a contract (ontbinding) — Termination of a contract because the other party has failed to perform; it can be done by written declaration and undoes the obligations for the future.
  • Retention of title — Under retention of title the seller remains the owner of the goods delivered until the buyer has paid the agreed price in full.
  • Right of pledge (pandrecht) — A right of pledge lets a creditor recover a debt with priority from the debtor’s movable goods or receivables, under Book 3 of the Dutch Civil Code.
  • Right of retention — The right of retention allows a creditor to withhold delivery of goods in his possession until his claim has been paid in full.
  • Right of suspension — The right of suspension allows a debtor to postpone his own performance for as long as the other party fails to perform its part.
  • Right to inspect documents (inzagerecht, article 194 Rv) — The right to inspect documents lets a party with sufficient interest claim inspection, a copy or an extract of specific data held by another party.
  • Security right (zekerheidsrecht) — A security right gives a creditor extra certainty of payment, through priority on an asset (pledge, mortgage) or a claim against a third party (surety).
  • Set-off — Set-off allows two parties who owe each other money to cancel their debts against each other up to the amount of the smaller one.
  • Shortcoming in performance (tekortkoming) — A shortcoming is any failure to perform an obligation, whether no, late or defective performance; it is the starting point of article 6:74 BW.
  • Statutory commercial interest (wettelijke handelsrente) — Statutory commercial interest is the higher Dutch late-payment interest in business contracts: 10.4% from 1 July 2026, under article 6:119a BW.
  • Suretyship — Under a suretyship a third party undertakes to perform another’s obligation; private sureties enjoy extra statutory protection.
  • Tort — A tort is an infringement of a right, a breach of a statutory duty or conduct contrary to social standards of care, giving rise to a duty to pay damages.
  • Writ of summons proceedings — Writ of summons proceedings are the ordinary civil action, begun by a bailiff’s writ setting out the claim and the grounds for it.

IT law

See also our page on IT law.

  • AI Act — The AI Act regulates artificial intelligence by risk level, with prohibited practices, requirements for high-risk systems and transparency obligations.
  • Automated decision-making — You may not be subjected to a purely automated decision with significant effects, unless an exception applies and safeguards are in place.
  • Cookie consent — Cookie consent is the prior, freely given and unambiguous consent required before non-essential cookies are placed on a visitor’s device.
  • Copyright in software — Software is protected by copyright as a work; protection covers the source code and preparatory material, not the underlying ideas and functionality.
  • Data Act — The Data Act gives users access to the data from their connected products and makes switching between cloud providers easier.
  • Data processing agreement — A data processing agreement is the mandatory written contract setting out the terms on which a processor handles personal data on behalf of a controller.
  • Data protection impact assessment — A DPIA is the assessment carried out before processing that is likely to result in a high risk to the rights and freedoms of individuals.
  • Data protection officer — The data protection officer supervises GDPR compliance internally and is mandatory for public bodies and for large-scale processing.
  • Data subject rights — The GDPR gives individuals rights of access, rectification, erasure, restriction, portability and objection, with a one-month response deadline.
  • Database right — The database right protects the producer who has made a substantial investment in obtaining, verifying or presenting the contents of a database.
  • Digital Services Act — The Digital Services Act imposes duties on online intermediaries on notices, transparency and advertising, heavier for large platforms.
  • Direct marketing and the spam rules — Commercial email and telemarketing require prior consent; only a narrow exception applies to existing customers for similar products.
  • Distance selling — In distance selling the consumer has fourteen days to withdraw and the seller is subject to extensive duties to inform beforehand.
  • Domain name dispute — A domain name dispute can be resolved quickly through the .nl dispute procedure or the UDRP, rather than through the civil courts.
  • Dutch Cybersecurity Act (NIS2) — The Dutch Cybersecurity Act requires essential and important entities to take risk management measures and to report incidents.
  • Electronic signature — The eIDAS Regulation distinguishes simple, advanced and qualified electronic signatures; only the last is equated with a handwritten signature.
  • International data transfers — Transfers outside the European Economic Area require an adequacy decision, standard contractual clauses or another appropriate safeguard.
  • IT project dispute — A failed IT project turns on who was responsible for what, and on how far the supplier actually met its duty to warn the client.
  • Licence agreement — A licence gives another party permission to use your IP right; scope, exclusivity and duration determine what the licensee may actually do.
  • Monitoring of employees — Monitoring staff requires a legitimate interest, a proportionality test and, as a rule, the consent of the works council beforehand.
  • Notice and takedown — Notice and takedown is the procedure for reporting unlawful content to a hosting service and having that content taken offline.
  • Personal data breach — A personal data breach is a security incident causing loss of or unauthorised access to personal data, notifiable within 72 hours.
  • Retention periods — Personal data may be kept no longer than necessary; the seven-year tax retention duty is the best known of the fixed statutory periods.
  • SaaS agreement — A SaaS agreement gives the customer online access to software running at the supplier’s end, without any copy being delivered.
  • Source code escrow — Source code escrow is an arrangement under which an independent agent holds the source code and releases it to the user if the supplier fails.
  • Trade mark law — A trade mark protects a sign that distinguishes your goods or services; the right arises only on registration with BOIP or the EUIPO.
  • Trade name law — A trade name right arises through use rather than registration; a later name that causes confusion with an earlier one can be prohibited.

Administrative law

See also our page on administrative law.

  • Administrative decision — An administrative decision is a written decision of a public body containing an act under public law; only a decision can be challenged.
  • Administrative fine — An administrative fine is a punitive sanction imposed by the body itself, with safeguards such as silence and the presumption of innocence.
  • Administrative loop — The administrative loop lets the court give the body an opportunity to repair a defect in the decision during the proceedings.
  • Appeal to the administrative court — An appeal to the administrative court is the application to the district court after the decision on objection, to be lodged within six weeks.
  • Bibob Act — Under the Bibob Act an authority can refuse or withdraw a permit where there is serious danger it will be misused for criminal purposes.
  • Compensation for lawful government action — This is compensation for disproportionate loss caused by lawful government action, with its own regime in the Awb since 2024.
  • Costs order in administrative proceedings — A party who succeeds in objection or appeal can receive a fixed-scale contribution towards the cost of professional assistance.
  • Damages for an unlawful decision — Once a decision is quashed or withdrawn you can claim your loss, by petition to the administrative court or before the civil court.
  • Duty to cooperate with supervision — Everyone must cooperate with an inspector acting within reasonable limits, but the right to silence applies once a fine is in prospect.
  • Duty to give reasons — A decision must rest on sound reasoning stated when it is notified; without that reasoning the decision will not survive review.
  • Interested party — An interested party is a person whose interest is directly affected by a decision; only an interested party may object and appeal.
  • Interim relief in administrative proceedings — Interim relief is the urgent measure by which the administrative court can suspend a decision while an objection or appeal is pending.
  • Mandate and delegation — Under a mandate another person decides in the body’s own name; under delegation the power itself passes to a different public body.
  • Missing a deadline — Objection and appeal must be lodged within six weeks; being late means inadmissibility, unless the delay can be excused on good grounds.
  • Notice of objection — A notice of objection asks the administrative body itself to reconsider its decision and must be filed within six weeks of publication.
  • Open Government Act (Woo) — The Dutch Open Government Act gives anyone the right to request public information from administrative bodies, with a four-week decision period.
  • Order for administrative enforcement — With administrative enforcement the authority ends the breach itself and recovers the costs from the offender, after a period to comply.
  • Order subject to a penalty — An order subject to a penalty is a remedial sanction under which the offender forfeits a sum if the breach is not ended within the compliance period.
  • Penalty for late decision — If an administrative body decides late, it forfeits a penalty of up to 1,442 euros over a maximum of 42 days after being given notice of default.
  • Policy rule — A policy rule records how an administrative body exercises its power; departure is required where consequences would be disproportionate.
  • Principle of legitimate expectations — The principle protects those who justifiably relied on a government assurance; since 2019 the courts apply a three-step test.
  • Principle of proportionality — The principle of proportionality requires that the adverse consequences of a decision are not disproportionate to the aim pursued.
  • Request for enforcement — A request for enforcement compels an administrative body to take a formal decision on acting against a breach of the applicable rules.
  • Subsidy determination — The subsidy determination fixes the final amount of the grant; a lower determination can lead to recovery of sums already paid.
  • Tolerance decision — Tolerating a breach means deliberately not enforcing; it is exceptional, should be temporary, and gives the tolerated party little security.
  • Uniform public preparatory procedure — Under this procedure a draft decision is published for views first, after which appeal lies directly, without an objection stage.
  • Withdrawal of a permit — A permit can be withdrawn for incorrect information, non-use or breach of conditions, but only after the competing interests are weighed.