What is a wrongful act (onrechtmatige daad) under Dutch tort law?

Dutch term: Onrechtmatige daad (verdieping) | Legal basis: Article 6:162 BW

A wrongful act under article 6:162 of the Dutch Civil Code requires five elements: (1) a wrongful act (violation of a right, breach of a legal duty, or breach of unwritten standards of proper social conduct), (2) attribution (the act must be attributable to the actor by fault or by a cause for which the law holds them responsible), (3) damage, (4) causation between the act and the damage, and (5) relativity (the violated norm must have been intended to protect against the type of damage suffered by the claimant).

The relativity requirement (relativiteitsvereiste) is distinctive to Dutch law and can defeat an otherwise meritorious tort claim if the violated norm was not designed to protect the specific claimant or the specific type of loss. Each element must be proven by the claimant, with the burden and standard of proof governed by article 150 of the Dutch Code of Civil Procedure.

Why it matters for international businesses

For international businesses, Dutch tort law is relevant in product liability, unfair competition, directors' personal liability, environmental liability and supply chain disputes where no direct contractual relationship exists between the parties.