Product compliance law firm in the Netherlands
MAAK Advocaten is one of the few Dutch law firms with a dedicated EU product compliance practice. We advise manufacturers, importers, distributors and online marketplaces on CE marking, harmonised EU product regulations, technical documentation, recalls, market surveillance by the Dutch authority (NVWA), and product liability. The practice is led by Martin Krüger and sits at the core of the firm's work for the manufacturing supply chain.
Placing a product on the European Union market triggers a dense web of legal obligations. Which rules apply depends on the product category, but the structural questions are the same across almost every framework: who counts as the manufacturer, who counts as the importer, what technical documentation is required, what must the CE declaration of conformity contain, how is post-market surveillance organised, who is liable if a product causes harm, and what happens when a national market surveillance authority comes knocking. Getting these questions right before a product ships is far cheaper than fixing them after an enforcement action.
MAAK Advocaten works with foreign manufacturers selling into the EU through the Netherlands, Dutch and international importers and distributors taking on compliance responsibility for someone else's product, and online platforms that now face their own obligations under recent EU legislation. Our advice is practical, commercially realistic, and aligned with how our clients' supply chains actually work. Martin Krüger's profile provides additional background on his practice, and his international profile is available at maak-law.com.
The EU product compliance framework
The EU product compliance framework is built on a layered structure: horizontal rules that apply across all products, sector-specific regulations and directives for defined product categories, and the allocation of obligations among "economic operators" (manufacturer, authorised representative, importer, distributor, fulfilment service provider and online marketplace) under Regulation (EU) 2019/1020 on market surveillance.
On the horizontal side, the two most important instruments are:
- Regulation (EU) 2023/988 on general product safety (GPSR), which applies from 13 December 2024 and replaces the earlier General Product Safety Directive. The GPSR sets the baseline safety obligation for consumer products not covered by a specific sectoral regime, expands economic operator responsibilities, introduces new obligations for online marketplaces, and strengthens recall and corrective action rules
- Regulation (EU) 2019/1020 on market surveillance and compliance of products, which allocates obligations among economic operators across most harmonised product sectors and requires the presence of a responsible economic operator established in the EU
On the sectoral side, products are regulated by frameworks that target specific risks: the Machinery Regulation (Regulation (EU) 2023/1230, replacing Directive 2006/42/EC from January 2027), the Low Voltage Directive, the EMC Directive, the Radio Equipment Directive, the Toy Safety Directive, the Construction Products Regulation, the Medical Devices Regulation, REACH and CLP for chemicals, and others. Each of these has its own CE-marking regime, harmonised standards, technical documentation requirements, and conformity assessment procedures. We work across all of them in the context of our core client base.
CE marking and technical documentation under EU law
CE marking is the visible outcome of a substantial compliance process. For most regulated products, the manufacturer (or, where applicable, an authorised representative) carries out a conformity assessment, drafts a technical file, draws up an EU declaration of conformity, applies the CE marking, and takes responsibility for post-market surveillance. Getting the process right is a technical and legal exercise, and neither part can be skipped.
The technical documentation is where most of the legal exposure sits. It must demonstrate conformity with the essential requirements of the applicable regulations or directives, cover the design and manufacture of the product, include the results of tests and calculations, and be kept available for national authorities for a defined period after the product is placed on the market. For products assessed under harmonised standards, the technical file typically references the relevant standards and the test results against them. For products that do not follow harmonised standards, the manufacturer must demonstrate conformity directly with the essential requirements, which is significantly more complex.
We advise on the structure and content of technical documentation, on the drafting and review of EU declarations of conformity, on the choice between conformity assessment procedures where options exist, on the involvement of notified bodies where required, and on authorised representative appointments for manufacturers established outside the EU.
Ecodesign, digital products and sustainability under EU law
EU product compliance is expanding well beyond traditional safety requirements. New and upcoming regulations address the environmental and digital dimensions of products throughout their lifecycle, and manufacturers and importers need to integrate these obligations into their compliance strategies alongside the established CE marking framework.
Ecodesign and sustainability requirements are reshaping how products must be designed, documented and labelled before they reach the EU market. The Ecodesign for Sustainable Products Regulation introduces performance and information requirements covering durability, repairability, recyclability and energy efficiency. Packaging and labelling rules are tightening, including stricter rules on green claims and greenwashing prevention. End-of-life obligations and extended producer responsibility (EPR) schemes are expanding, requiring manufacturers and importers to take financial and operational responsibility for the waste phase of their products.
On the digital side, software, cybersecurity and AI are becoming regulated product characteristics in their own right. The Cyber Resilience Act imposes cybersecurity requirements on products with digital elements. The AI Act classifies AI systems by risk level and imposes conformity assessment obligations on high-risk AI. These frameworks interact with existing CE marking requirements, and for products that combine physical and digital components, the compliance picture is becoming significantly more complex.
Specific regulatory developments we advise on include the Battery Regulation (covering sustainability, labelling, due diligence and end-of-life obligations for batteries), RoHS and REACH restrictions including the evolving PFAS regulatory landscape, and the introduction of digital product passports that will require manufacturers to provide standardised product data electronically. Traceability and transparency obligations are increasing across all of these frameworks, and getting the data infrastructure right is becoming a compliance requirement rather than a commercial choice.
Importer and distributor liability under Dutch and EU law
The allocation of responsibility along the supply chain is where many product compliance disputes actually begin. Under EU law, importers and distributors carry compliance obligations that go beyond what most commercial teams assume, and a supply contract that does not address these obligations leaves substantial legal exposure on the table.
An importer, defined as any party established in the EU who places a product from a non-EU manufacturer on the Union market, must verify that the manufacturer has carried out the applicable conformity assessment, that the technical documentation has been drawn up, that the product is properly marked, and that the required accompanying documents are in place. Importers must also indicate their name and postal address on the product (or, where that is not possible, on the packaging or accompanying document). They carry a share of the regulatory liability alongside the manufacturer, and in enforcement actions they are often the easier target for national authorities because they are the established EU presence.
Distributors have lighter but still real obligations: to act with due care, to verify that the product bears the required markings and is accompanied by the required documents, and not to place a product on the market if they know or should know that it does not meet the applicable requirements. For online marketplaces, the GPSR now adds a specific layer of obligations including information exchange with market surveillance authorities and takedown procedures for unsafe products.
Supply contracts between manufacturer and importer, or between importer and distributor, should allocate these obligations explicitly. We draft and review supply agreements with specific attention to the compliance allocation, warranty, indemnity, recall cost-sharing, and termination rights that follow from the regulatory regime. This is one of the most direct intersections between our product compliance and commercial contract practices.
Market surveillance and recalls in the Netherlands
The Nederlandse Voedsel- en Warenautoriteit (NVWA) is the primary Dutch market surveillance authority for consumer product safety and many sector-specific frameworks. Alongside the NVWA, the Rijksdienst Digitale Infrastructuur (RDI, formerly Agentschap Telecom) enforces rules on electronics, radio equipment and cybersecurity, while the Inspectie Leefomgeving en Transport (ILT) supervises transport-related products, hazardous substances and environmental compliance. When any of these authorities issues a request for information, opens a dossier, or takes enforcement action, the legal response needs to be fast, technically accurate, and commercially sensible.
We advise clients on enforcement by the NVWA, RDI, ILT and other Dutch market surveillance authorities at every stage: initial response to requests for documentation, technical and legal argumentation on whether a product meets the applicable requirements, negotiation on corrective measures short of a recall where that is defensible, formal objection and appeal procedures against enforcement decisions, and coordination of recalls and withdrawals when they become necessary. For products subject to workplace safety rules, the Nederlandse Arbeidsinspectie (NLA) is the relevant authority for machines, PPE and ATEX equipment. Customs (Douane) plays an increasing role in import control and compliance checks at the border. Cross-border enforcement is coordinated through the EU Safety Gate (formerly RAPEX) system and, for harmonised product sectors, through the European Commission's DG GROW.
On recalls specifically, both the regulatory and the commercial dimensions matter. A recall triggers obligations towards authorities, downstream operators and end users, and it also triggers cost-sharing questions between manufacturer, importer and distributor that are often poorly addressed in the underlying supply contracts. We handle both sides and coordinate with the client's communications, logistics and insurance advisors where appropriate.
Product liability under Dutch law
The regulatory side of product compliance sits alongside civil product liability. Under the new Product Liability Directive (Directive (EU) 2024/2853, replacing Directive 85/374/EEC from 9 December 2026), manufacturers can be held strictly liable for damage caused by defective products, with expanded coverage for digital products, software and AI systems, and a widened set of potentially liable economic operators.
Product liability claims in the Netherlands are brought under a combination of the implementing national rules, general Dutch tort law (article 6:162 of the Dutch Civil Code), and contract law where there is a direct relationship between claimant and defendant. The defence strategy usually depends on which of these tracks the claim runs through, and on whether the claimant is a consumer, a business or a third party.
We represent clients in defence of product liability claims, work with technical experts on causation and defect analysis, and advise on pre-litigation steps including product investigation, privilege protection, and insurance notification. For clients concerned about future exposure, we also advise on contractual allocation of liability risk between manufacturer and importer or distributor, on warranty and disclaimer language that holds up under Dutch law, and on the interplay with product recall insurance.
Our experience with EU product compliance
In our practice we regularly advise foreign manufacturers placing products on the EU market through Dutch importers and distributors, handle supply contract allocation of compliance obligations under EU regulations, and respond to enforcement actions by the NVWA, RDI, ILT and other Dutch market surveillance authorities. Our experience covers products regulated under the Machinery Regulation, the Low Voltage Directive, the EMC Directive, the Radio Equipment Directive, sector-specific frameworks and the general product safety regime. We also act in product liability defence and coordinate recalls with the client, its insurer and downstream operators. The intersection with commercial contract drafting is where the strategic work usually sits: getting the contractual allocation of compliance work, cost and liability aligned with the regulatory reality.
Our product compliance work spans more than 25 sectors, including: consumer products, life sciences and medical devices, automotive and mobility, construction products, cosmetics, measuring instruments and legal metrology, maritime and shipping, mechanical engineering (machines, lifts, PPE, ATEX equipment), postal services, pressure equipment, raw materials (metals, minerals, forestry), electronics (EMC, LVD, RED), chemicals (REACH, CLP), energy transition (batteries, solar panels, charging infrastructure), and software, AI and robotics.
Working with MAAK Advocaten
Our product compliance work is handled in English, German and Dutch. Clients reach the specialist handling the file directly, and fees are agreed in advance. For complex compliance projects we work on fixed fees where the scope is clear and on hourly rates where it is not.
If you are placing a new product on the EU market, dealing with an NVWA enforcement action, facing a recall decision, or drafting supply contracts with compliance allocation in mind, an initial conversation is at no charge. See our EU product compliance glossary for an overview of key regulatory terms.
Related terms in our legal dictionary: CE marking checklist, product liability, Medical Devices Regulation (MDR), Toy Safety Directive, product recall coordination, responding to NVWA enforcement.
Related pages: Dutch law firm overview, international trade law firm, purchase agreements, distribution agreements.
Call +31 20 210 31 38, email mail@maakadvocaten.nl, or visit our contact page. MAAK Advocaten is based at Kraanspoor 34, 1033 SE Amsterdam.
Frequently Asked Questions
Does a non-EU manufacturer need an authorised representative in the EU?
What happens if the NVWA finds my product non-compliant?
Can a supply contract shift compliance obligations from the manufacturer to the importer?
Martin Krüger, product compliance lead
Product compliance at MAAK Advocaten is led by Martin Krüger, who advises manufacturers, importers and distributors on EU product regulation across the full product lifecycle, from pre-market design review and CE marking through market surveillance, recalls and product liability.
The practice focuses on the manufacturing supply chain and combines technical understanding of harmonised standards with practical experience of how Dutch and EU authorities actually enforce product law. Matters are handled directly by Martin in German, English or Dutch, without intermediating layers, and with clear fee arrangements agreed in advance.
For foreign manufacturers placing products on the EU market, for Dutch and international importers taking on compliance responsibility under supply contracts, and for distributors and online marketplaces dealing with the new obligations under the GPSR, Martin is the first point of contact at the firm.
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Last reviewed: April 15, 2026 by MAAK Advocaten N.V.