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 (Article 7:612 BW).
Table of contents
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, 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, such as a sandwich at the bakery, a bus ticket or school supplies. Such purchases are valid, and you cannot undo them later.
When is your consent required?
Your consent is required for anything 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?
Article 1:234 BW uses no 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 fixed age limit is 16, for the employment contract.
Young children
A young child can do little alone. Buying an ice cream or a small toy with pocket money is valid. For anything more, such as opening a savings account, you as parents act on your child’s behalf as legal representatives (Article 1:245(4) BW).
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 under Article 1:234 BW is required.
Young people aged 16 and 17
From 16, many young people have a part-time job and manage their own money. Spending their own earnings on ordinary things will often be customary, but larger commitments still require your consent. The District Court of Overijssel held on 29 September 2020 that a 17-year-old’s exam training contract of €813 was not customary for his age and had been validly annulled (ECLI:NL:RBOVE:2020:3509).
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 it. 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 work starts (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 (Article 1:233 BW) and is bound by all contracts they sign. You can no longer undo them.
Do the same rules apply to online contracts?
Yes. A contract concluded online by clicking “yes” is subject to the same Article 1:234 BW as a contract signed in a shop.
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 count as customary for older children, but a recurring monthly subscription usually does not. The company bears the risk of contracting with a minor.
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 disappear because a minor lied.
A misled company may try to recover its loss in another way. A child aged 14 or older can be liable for their own wrongful acts (Article 6:164 BW), and parents are liable for wrongful acts of a child under 14 (Article 6:169 BW). For small amounts such claims are rare.
How do you undo a contract your child signed?
You annul the contract by sending a written statement to the company (Article 3:50 BW). No court procedure is needed, as long as the contract was concluded without your consent and was not customary for your child’s age.
State in a letter or e-mail that your minor child concluded the contract without your consent and that you annul it as legal representative under Article 1:234 BW. Ask the company to confirm the termination and refund any payments, and keep copies of the contract, the correspondence and proof of payment.
Courts accept such annulments. The subdistrict court of Limburg (Roermond) dismissed a gym’s claim of €283.48 against a 16-year-old whose father had written that he had not consented to the membership (4 November 2015, ECLI:NL:RBLIM:2015:9307).
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.
Does your child have to pay anything back?
After annulment, both sides must in principle return what they received. A minor 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. Money your child paid must in principle be refunded: in the Overijssel case the company had to repay €609.75 plus collection costs.
Can you approve the contract afterwards?
Yes. If you confirm the contract (Article 3:55(1) BW), it becomes valid and you can no longer annul it. Confirmation can be given verbally, but do it in writing to avoid discussion; continuing to pay without objecting can also be seen as approval.
What if someone else signs for your child?
A contract that someone else, such as an older sibling or a friend, concludes on behalf of your child only binds your child if you authorised that person or approve the contract afterwards.
Without authority and approval, the contract does not bind your child. The person who signed without authority may then be liable to the company for its loss (Article 3:70 BW).
What should you check as a parent?
Most problems with minors’ contracts can be prevented or undone with a letter, provided you act before the company sets a deadline under Article 3:55(2) BW.
- Is the contract a recurring or long-term obligation, or a larger amount, rather than an everyday purchase for your child’s age?
- Did you give consent, explicitly or for this purpose in general, for example through an allowance (Article 1:234(2) BW)?
- Have you sent a written annulment and kept a copy?
- Has the company set you a period to decide, and when does it end?
- Did your child pay with your bank card or payment account? Then also contact your bank or payment provider.
- Are parental controls on in app stores and game consoles, and are your payment details out of your child’s reach?
What should you check as a company contracting with minors?
A company that contracts with a minor bears the risk of annulment under Article 1:234 BW, even if the child gave a false age.
- Do you ask for the date of birth, and for parental consent for minors, before a subscription or credit starts?
- Is your product customary for the age group you sell to, or a long-term obligation?
- Have you set the parents a reasonable period to confirm or annul (Article 3:55(2) BW)?
- After annulment, have you limited your claim to what the minor actually benefited from (Article 6:209 BW)?
What can we do for you with a contract your child signed?
Our family lawyers advise parents, and companies, on contracts concluded by minors.
- We assess whether the contract was customary for your child’s age or required your consent.
- We draft the written annulment under Article 1:234 BW and the request for a refund.
- We respond to a company’s claim, collection letter or deadline under Article 3:55(2) BW.
- We calculate what, if anything, your child has to repay under Article 6:209 BW.
- We represent you before the subdistrict court (kantonrechter) if the company sues.
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 (Article 3:55(2) BW).
The statutory text of Article 1:234 BW can be found in Book 1 of the Dutch Civil Code.
Frequently asked questions
What if my child lied about their age?
In principle, you can still annul the contract under Article 1:234 BW. The company may in some cases try to recover its loss from a child aged 14 or older (Article 6:164 BW), or from the parents of a younger child (Article 6:169 BW), but for small amounts this rarely happens.
Can I give consent afterwards?
Yes. If you confirm the contract afterwards (Article 3:55 BW), it becomes fully valid and you can no longer annul it. You can do this verbally, but 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 generally not a customary transaction for a minor. The subdistrict court of Limburg accepted the annulment of a 16-year-old’s membership in 2015 (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 (Article 7:612 BW), but a phone contract is a separate obligation that still requires your consent.
