As a parent, you want your child to learn how to handle money and take responsibility. But when can your child enter into a contract independently? And what if your 15-year-old daughter signed up for a gym membership without your permission? This guide helps you understand what children can and cannot agree to independently.
The Main Rule: Children Need Your Consent
In the Netherlands, children under 18 cannot enter into contracts without permission from their parents or guardian. This is stated in Article 1:234 of the Dutch Civil Code. This rule protects your child from obligations that are too complex or too expensive.
When is consent not required? There is one important exception: for everyday purchases that are normal for children of that age, your consent is presumed. Think of a sandwich at the bakery, a bus ticket, or school supplies.
When is consent required? For larger or long-term obligations, your child always needs your explicit consent. Examples include:
- Gym memberships
- Mobile phone contracts
- Online services and subscriptions
- Installment payment plans
- Loans
What Your Child Can Do by Age
Children Under 12: Fully Protected
Your child under 12 cannot enter into virtually any contracts. Only you as a parent can sign on their behalf. Small purchases like an ice cream or a toy are allowed, but legally these are not real contracts.
Important: If a company accidentally accepts a contract from a child under 12, you can easily have it declared invalid.
Children Aged 12 to 15: Learning with Guidance
Your child between 12 and 15 may make small, everyday purchases. But for anything involving long-term obligations, your child needs your consent.
Examples of what is allowed:
- Buying school supplies
- Buying a small snack
- Inexpensive personal items
Examples of what is not allowed without your consent:
- Taking out a gym membership
- Subscribing to an online game service
- Making expensive purchases
Important: Even if your child clicks “yes” online for a subscription, you can still cancel this contract.
Young People Aged 16 and 17: More Freedom, Still Protected
Your 16- or 17-year-old gets more independence. Many young people of this age work part-time and manage their own allowance. They may:
- Spend their own earned money
- Sign an employment contract
- Open certain bank accounts
However: For major contracts such as gym memberships, phone contracts, or loans, your child still needs your consent. Without your consent, you can still cancel these contracts.
18 Years and Older: Adults
From age 18, your child has full legal capacity and bears full responsibility for all contracts.
Online Contracts: Extra Vigilance Required
Children easily come into contact with paid services online. The rules for online contracts are the same as for regular contracts:
- Your child may not take out online subscriptions without your consent
- Contracts your child enters into online without your consent can be cancelled by you
- Even if your child enters a false date of birth, the protection remains in effect
Practical example: Your 14-year-old daughter takes out an online streaming subscription for €12.99 per month. As soon as you discover this, you can notify the company in writing that you are cancelling the contract. Case law (ECLI:NL:RBOVE:2020:3509) confirms that the company must accept this.
What If Your Child Has Signed a Contract Anyway?
You Can Cancel the Contract
If your child has signed a contract without your consent, this contract is “voidable.” This means you can undo it by:
- Responding in writing: Send a letter or email to the company explaining that your minor child entered into the contract without your consent and that you are cancelling the contract.
- Referring to the law: Mention Article 1:234 BW (Dutch Civil Code) and possibly relevant case law such as ECLI:NL:RBLIM:2015:9307.
- Keep records: Save all correspondence in case a dispute arises.
Does Your Child Have to Pay Back?
After cancellation, both parties must in principle return what they have received. However:
- If your child has already used the gym for a month, the company may sometimes ask for reasonable compensation
- The judge determines what is reasonable and takes the situation into account
- Your child never has to pay back the full value if this is unreasonable
What If a Friend Signs for Your Child?
Sometimes a friend, older brother, or sister signs a contract on behalf of your child. This is only valid if:
- You as a parent have explicitly given permission to that person (a “power of attorney”)
- You approve the contract afterwards
Without power of attorney or approval, the contract is not valid and you can cancel it. The friend may potentially be held liable by the company.
Practical Tips for Parents
Prevention
- Discuss money and contracts: Explain to your child what a contract is and why it’s important to consult with you first.
- Monitor online activities: Keep track of which apps and services your child uses.
- Secure payment methods: Make sure your child doesn’t have access to your credit card or bank card without supervision.
- Give allowance consciously: Teach your child to manage a fixed budget for everyday purchases.
If Something Goes Wrong Anyway
- Stay calm: The law protects your child, so you can resolve the situation.
- Respond quickly: Although there is no strict deadline, it’s better to act quickly.
- Document everything: Keep all evidence: contracts, emails, receipts.
- Seek help: If in doubt, you can contact the Legal Aid Desk (Juridisch Loket) or a lawyer.
Frequently Asked Questions
What if my child lies about their age? The law protects your child even if they lied about their age. The company has the responsibility to verify the age.
Can I give consent afterwards? Yes, if you explicitly give consent afterwards, the contract becomes valid. This can be done verbally or in writing, but it’s wise to record it in writing.
Does this also apply to purchases with my money? If your child uses your money without permission, you can not only cancel the contract but possibly also reclaim the money from the company.
What about a gym membership? A gym membership is almost never a “customary transaction” for minors. Case law confirms that parental consent is always required for this (ECLI:NL:RBLIM:2015:9307).
Can my 16-year-old who works take out a phone contract independently? No, even though your child earns their own money, your consent is required for a phone contract.
Summary
Dutch law protects children from contracts they don’t yet understand or can oversee. As a parent, you have the ability to cancel contracts your child has entered into without your consent, provided they are not everyday purchases.
Remember:
Discuss money and responsibility regularly with your child
Until age 18, your child needs your consent for important contracts
You can cancel unwanted contracts
The law is on your side and protects your child
