Children under 18 in the Netherlands need their parents’ consent to enter into a contract, except for everyday purchases that are normal for children of their age. If your child signs up for something bigger without your consent, such as a gym membership or a phone contract, you can annul (vernietigen) that contract.
The rules are set out in Article 1:234 of the Dutch Civil Code (BW). Below we explain what your child can and cannot do alone, how you undo a contract and what your child has to pay back. One important exception applies to employment contracts from the age of 16.
What does the law say about contracts made by children?
A minor can enter into a contract, but only with the consent of the parents or guardian as legal representative (Article 1:234(1) BW). A contract concluded without that consent is voidable: it is valid until you, as a parent, annul it.
Your consent can be given for a specific purchase or for a certain purpose in general (Article 1:234(2) BW). If you give your child pocket money or a clothing allowance, for example, you consent to your child spending that money on what it is meant for.
For everyday transactions, consent is presumed. Under Article 1:234(3) BW, consent is assumed for acts that minors of that age customarily perform on their own. Think of a sandwich at the bakery, a bus ticket, a magazine or school supplies. Such purchases are valid contracts, and you cannot undo them later.
When is your consent required?
Your consent is required for anything that goes beyond an everyday purchase, especially long-term obligations and larger amounts. Examples include:
- gym memberships;
- mobile phone contracts;
- online subscriptions, such as streaming or gaming services;
- purchases paid in instalments;
- loans and other credit.
Whether something is customary depends on the child’s age, the amount and what is normal in society. A cinema ticket is customary for a 14-year-old; a laptop on credit is not.
What can your child do at which age?
The law does not use fixed age limits for ordinary purchases. What is customary grows with age, so a 17-year-old can do more alone than a 10-year-old. The main exception with a fixed age is the employment contract.
Young children
A young child can do little on their own. Buying an ice cream or a small toy with pocket money is normal and valid. Anything more requires your consent, and in practice you as parents will usually act on your child’s behalf, for example when opening a savings account.
Children aged 12 to 15
Children of this age can make small, everyday purchases on their own, such as school supplies, snacks or inexpensive personal items. For a gym membership, an online game subscription or an expensive purchase, your consent is required.
A subscription that your child takes out online by clicking “yes” is also subject to these rules. If you did not consent and it is not a customary transaction for your child’s age, you can annul it.
Young people aged 16 and 17
From 16, a young person has more freedom. Many have a part-time job and manage their own money. Spending their own earnings on ordinary things will often fall within what is customary, but larger commitments such as a phone contract, a gym membership or a loan still require your consent.
An employment contract is a special case. Under Article 7:612(1) BW, a minor aged 16 or older can enter into an employment contract without consent and is treated as an adult for everything relating to that contract. For a child under 16 who starts working without your consent, you are deemed to have consented if you do not invoke the lack of consent within four weeks after your child starts work (Article 7:612(2) BW). The Working Hours Act (Arbeidstijdenwet) separately restricts which work children may do and when.
From 18: adults
At 18, your child is an adult with full legal capacity and is bound by all contracts they sign. You no longer have the power to undo them.
Do the same rules apply to online contracts?
Yes. A contract concluded online is subject to the same rules as a contract signed in a shop. If your child takes out a subscription online without your consent, and it is not a customary transaction for their age, you can annul it.
Children come across paid services online easily: in-game purchases, streaming services, apps and subscriptions that start after a free trial. Small in-app purchases may sometimes count as customary for older children, but a recurring subscription usually does not. The company bears the risk of contracting with a minor.
Take a practical example. A 14-year-old takes out a monthly streaming subscription without asking her parents. As soon as the parents find out, they can inform the company in writing that they are annulling the contract because their daughter concluded it without their consent. The company must then stop the subscription.
What if your child lied about their age?
In principle, the contract remains voidable even if your child gave a false date of birth. The protection of Article 1:234 BW does not simply disappear because a minor lied.
A company that was misled may, however, try to recover its loss in another way. A child aged 14 or older can in principle be liable for their own wrongful acts (Article 6:164 BW), and parents can be liable for wrongful acts of a child under 14 (Article 6:169 BW). In practice, such claims are rare for small amounts, but it is wise to talk to your child about the consequences of lying online.
How do you undo a contract your child signed?
You annul the contract by sending a written statement to the company. No court procedure is needed; your statement is enough, as long as the contract was concluded without your consent and was not customary for your child’s age.
Take these steps:
- Write a letter or email to the company stating that your minor child concluded the contract without your consent and that you annul it as legal representative.
- Refer to Article 1:234 BW and ask the company to confirm the termination and refund any payments.
- Keep copies of all correspondence, the contract and proof of payment.
Courts accept such annulments. In a case before the District Court of Limburg, a gym had to accept that a 16-year-old’s membership was annulled after the father stated that he had not consented (ECLI:NL:RBLIM:2015:9307). In another case, the District Court of Overijssel held that an exam training contract of a 17-year-old was not customary for his age and could be annulled (ECLI:NL:RBOVE:2020:3509).
Do not wait too long. There is no short statutory deadline, but the company can set you a reasonable period to choose between confirming and annulling the contract (Article 3:55(2) BW). After that period, you can no longer annul it. Continuing to pay without objecting can also be seen as approval.
Does your child have to pay anything back?
After annulment, both sides must in principle return what they received. A minor, however, only has to repay insofar as they actually benefited from what they received (Article 6:209 BW).
If your child has already used a gym for a month, the company may argue that your child benefited and ask for reasonable compensation. The court decides what is fair in the specific situation. Money that your child paid to the company must in principle be refunded.
Can you approve the contract afterwards?
Yes. If you are happy with the contract after all, you can confirm it. The contract is then valid, and you can no longer annul it. Confirmation can be given verbally, but it is wise to do so in writing to avoid discussion later.
What if someone else signs for your child?
A contract that someone else concludes on behalf of your child, such as an older sibling or a friend, only binds your child if that person was authorised by you, or if you approve the contract afterwards.
If there was no authority and you do not approve the contract, it does not bind your child. The person who signed without authority may then be liable to the company for the damage it suffers as a result (Article 3:70 BW).
What can you do as a parent to prevent problems?
Talk with your child about money and contracts, and make sure they cannot pay with your cards or accounts without your knowledge.
- Explain what a contract is and why your child should consult you before signing up for anything that costs money every month.
- Keep an eye on the apps and online services your child uses, and use the parental controls in app stores and game consoles.
- Do not store your payment details in accounts your child can use without supervision.
- Give pocket money or an allowance for a fixed budget, so your child learns to manage money within clear limits.
If something goes wrong, act quickly and keep all evidence. If your child used your bank card or payment account without permission, contact your bank or payment provider as well. For help, you can contact the Legal Services Counter (Juridisch Loket) or a lawyer.
The statutory text of Article 1:234 BW can be found in Book 1 of the Dutch Civil Code.
In summary
- Until 18, your child needs your consent for contracts, except for everyday purchases that are customary for their age (Article 1:234 BW).
- A contract concluded without your consent is voidable: you can annul it with a written statement to the company.
- From 16, your child can conclude an employment contract without your consent (Article 7:612 BW).
- After annulment, your child only has to repay insofar as they actually benefited (Article 6:209 BW).
- Act quickly: the company can set you a reasonable period to decide.
Frequently asked questions
What if my child lied about their age?
In principle, you can still annul the contract. The company may in some cases try to recover its loss from a child aged 14 or older, or from the parents of a younger child, but for small amounts this rarely happens.
Can I give consent afterwards?
Yes. If you confirm the contract afterwards, it becomes fully valid and you can no longer annul it. You can do this verbally, but it is wise to confirm it in writing.
What if my child paid with my money?
You can annul the contract and ask the company to refund what was paid. If your child used your bank card or payment account without permission, also contact your bank or payment provider.
Does my child need my consent for a gym membership?
Usually yes. A gym membership is a long-term obligation and is generally not a customary transaction for a minor. Courts have accepted that parents can annul such a membership (ECLI:NL:RBLIM:2015:9307).
Can my 16-year-old who works take out a phone contract alone?
Usually not. From 16 your child can conclude an employment contract alone, but a phone contract is a separate obligation that still requires your consent.
Law & More advises parents on family law and on disputes with companies about contracts concluded by minors. Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.
How Law & More can help you with this is explained on our family lawyer page.
