The right to inspect documents (inzagerecht or exhibitieplicht) allows a party with a sufficient interest to demand inspection, a copy or an extract of specific data held by someone else. Since 1 January 2025 it is governed by articles 194 to 195a of the Dutch Code of Civil Procedure (Rv). Before that date the rule was article 843a Rv.
Table of contents
What changed on 1 January 2025?
The Act on simplifying and modernising the law of evidence moved the right to the evidence section of the Code. The old article 843a Rv covered “documents” (bescheiden) relating to a legal relationship. The new article 194 Rv covers “data” (gegevens), including digital files and emails. Older case law still refers to article 843a (old) Rv.
What are the requirements?
- You must have a sufficient interest in the data.
- The data must be described specifically enough. A broad “fishing expedition” will be refused.
- The other party must have the data or hold it under its control.
When can the holder refuse?
The holder can refuse if there are compelling reasons (gewichtige redenen), for example confidential business information or the privacy of others. A holder with a professional privilege (verschoningsrecht), such as a lawyer or doctor, can also refuse. The court can then limit inspection or order confidential handling.
Frequently asked questions
Do I need ongoing proceedings?
No. You can bring a separate claim, including in preliminary relief proceedings, or file a request during a pending case.
Can the data come from a third party?
Yes. The holder does not have to be your opponent in the dispute.
Related terms
Our civil law team can assess whether a request for inspection will help your case. Want to know what this means for your situation? Book a free introductory meeting.
