How does Dutch law apply to digital contracts and e-commerce?

Dutch term: Digitale overeenkomsten | Legal basis: Book 6 BW + EU e-commerce directives

Dutch law fully recognises electronic contracts. Under article 6:227a of the Dutch Civil Code, contracts can be concluded electronically, and electronic signatures have the same legal effect as handwritten signatures (subject to the eIDAS Regulation for qualified electronic signatures). Click-wrap and browse-wrap agreements are generally valid, provided the user had a reasonable opportunity to review the terms before concluding the contract.

For B2C e-commerce, the distance selling provisions of articles 6:230g to 6:230z BW apply, including pre-contractual information requirements, the 14-day right of withdrawal, and specific rules on digital content and digital services. For B2B e-commerce, the general rules of Dutch contract law apply without the consumer-specific protections, but general terms and conditions must still be properly incorporated.

Why it matters for international businesses

For international businesses operating e-commerce platforms or selling digital products and services to Dutch customers, compliance with Dutch e-commerce rules is mandatory and increasingly enforced by the ACM and the Autoriteit Persoonsgegevens.