Online store regulations - Netherlands. Expansion into the Dutch market.

The Netherlands is one of the most developed e-commerce markets in Europe, offering entrepreneurs a wide range of online sales opportunities. It's no wonder you're looking for information about running an e-business there! More and more Polish entrepreneurs are choosing the Dutch market . 

However, to effectively and legally run an online store in the Netherlands , it's not enough to just have a good offer and fast shipping . Knowledge of local e-commerce regulations, consumer information obligations, complaint and return policies, and compliance with EU and Dutch regulations is also essential. protection of personal data. 

What laws regulate e-commerce and consumer protection in the Netherlands? 

The key law is the Civil Code ( Burgerlijk Wetboek ), and more specifically book 6 ( Boek 6 ) regulating, among others, distance selling. 

Other legal acts of significant importance are: 

  1. Telecommunications Act ( Telecommunicatiewet ) , 

  1. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation). 

Civil Code 

The Civil Code provides not only a number of obligations , but also prohibitions for the seller, in particular: 

  • informing the consumer about the data identifying the entrepreneur (including the name of the entrepreneur and trade name , address details, contact details – e-mail address and telephone number, tax identification number ) or the main features of the product , the total price of the product and the payment method , the ordering process and method of making the purchase , 

  • informing the consumer about the right to withdraw from the contract within at least 14 days of receiving the goods without giving any reason (this period is extended to 12 months if the entrepreneur fails to comply with this obligation), 

  • informing the consumer about his or her claims in connection with non-conformity of the goods with the contract (repair, replacement, reduction of the assessment, withdrawal from the contract , the seller is liable for as long as the product can be expected to function or be useful , but not less than 2 years . The consumer should inform the seller about the defect within a reasonable period – it is assumed that 2 months – ) , 

However , the fact that the above information is only available on your website is not sufficient. You must provide the consumer with this information, for example, in an email or PDF file. Additionally, you are obligated to provide the consumer with a withdrawal form, which you can make available online on your website. 

In addition, as a seller, you are obliged to: 

  • sending the consumer an order confirmation immediately after concluding the contract, and 

  • prohibition of misleading consumers through unfair advertising, 

  • prohibition of using aggressive sales techniques. 

Also remember to avoid geo-blocking. This means you must treat consumers from other EU countries the same as consumers from your home country. Therefore, if you're based in Poland and sell online in Poland and the Netherlands, you can't refuse to sell to a consumer living in another EU country, such as Belgium or Germany. This doesn't mean you have to deliver to that country. The consumer must arrange delivery, and you can't simply refuse to enter into a contract.  

Telecommunications Act 

This law is important for marketing activities. It primarily regulates issues such as: 

  • consent via e-mail or SMS for marketing communications (e.g. sending newsletters), 

  • the obligation to obtain consent to cookies, 

  • personalization of advertisements. 

However, the Telecommunications Act does not exhaustively address these issues. Compliance with the General Data Protection Regulation is also important. 

General Data Protection Regulation 

The basic document required by personal data protection regulations is a privacy policy, which should contain at least the following information: 

  • Data controller details – i.e. information identifying the store owner, such as name and surname (or company name), registered office address and contact details. 

  • Purposes and method of data processing – explanation of what personal data will be collected, for what purpose and using what methods. 

  • Sharing data with third parties – information about possible data transfer, indication of recipients and the purpose of such sharing. 

  • User rights – a description of the rights of data subjects, such as the right to access, rectify, delete data or object to their processing. 

  • Cookies and tracking technologies – clearly defining what cookies are used, for what purposes, and how the user can manage consent. 

However, it should be remembered that in order to comply with the provisions on the protection of personal data, it is not sufficient to place a privacy policy on the seller's website. above information. It is also necessary to take organizational and technical measures required by law. 

In the event of non-compliance with the above-mentioned provisions, negative consequences should be expected from the Dutch equivalent of the Personal Data Protection Office, i.e. the Autoriteit Persoonsgegevens (AP ), including the imposition of financial penalties. 

Supervisory body 

The body responsible for monitoring consumer protection regulations is the Netherlands Authority for Consumers and Markets ( Autoriteit). Consumer & Markt , so-called ACM ). 

The basis for the operation of the above-mentioned body is the Act on the enforcement of consumer protection ( Wet handhaving consumentenbescherming ). This Act gives ACM the power to: 

  • n putting on the mane n , 

  • publishing warnings, 

  • conducting investigations, 

  • application of interim measures, 

against companies that violate consumer rights, including in e-commerce. 

Online sellers who do not comply with e-commerce regulations must therefore face appropriate sanctions, including the imposition of sometimes very high fines. 

Summary 

Undoubtedly, entering the Dutch market with an online store offers significant growth opportunities, but also carries significant responsibility. E-commerce regulations in the Netherlands are detailed and rigorously enforced – both by regulatory bodies and consumers themselves. Therefore , you should investigate compliance with local law and adapt your store to the requirements of the Dutch market as early as the business planning stage . 

If you need help analyzing the compliance of your online store with Dutch regulations – contact us. We support Polish entrepreneurs in safe and professional entry into foreign markets. 

 

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