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

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

A tort (onrechtmatige daad) under article 6:162 of the Dutch Civil Code is a wrongful act that causes damage to another person. The article defines three categories of wrongful acts: violation of a right, an act or omission contrary to a legal duty, and an act or omission contrary to unwritten standards of proper social conduct (maatschappelijke betamelijkheid).

Liability requires: a wrongful act, attribution (fault or risk), damage, causation between the act and the damage, and relativity (the violated norm must have been intended to protect against the type of damage suffered). Tort liability exists independently of any contractual relationship between the parties. In commercial practice, tort claims often arise alongside contract claims.

Why it matters for international businesses

For international businesses, Dutch tort law is relevant in product liability, unfair competition, director's personal liability towards creditors, and supply chain liability contexts.