Netherlands

Written by Marit van der Pool and Eunice Blokland

Key developments in 2025 

PFAS
Last year, we already mentioned the PFAS developments in the Netherlands. This year, PFAS litigation has intensified. A collective action brought by eleven interest groups against the State alleges a breach of duty of care for failing to protect the residents from PFAS contamination. The case was heard on 2 December 2025 and a ruling is expected in February 2026.

The court’s 2023 ruling of liability in the case brought by municipalities against Chemours remains an important precedent for future claims against industrial polluters. These developments reflect a broader trend in which PFAS is being compared to asbestos regarding its legal consequences, whilst the European Commission continues to work on a potential EU-level ban on PFAS.   

AI        
Globally, AI is impacting the way we work significantly. This phenomenon will logically also have a significant impact on insurance claims and insurance coverage.

Silent AI has developed into a point of attention within the Dutch insurance market. As companies increasingly rely on AI-driven support tools, debate has intensified over whether errors made by AI tools as quasi-professional agents qualify as professional wrongful acts or not. We see similar discussions under product liability insurance.

The AI Act, which has been in force since 2024, has also begun to influence the assessment of civil duties of care. Failure to comply with its requirements is expected to be treated as strong evidence of unlawful conduct in civil proceedings.

We have also seen insurers adding specialized GenAI coverage under their cyber policies, making an early shift towards explicit AI insurance.

Product liability          
Product liability changes in 2025 were dominated by the entry into force of the new EU Product Liability Directive (2024/2853), which significantly expands both the scope of products and the range of potentially liable parties. Software, AI systems and associated digital services now fall within the definition of a product, while importers, authorised representatives and fulfilment service providers may also face liability. The broadened concept of recoverable damage and eased evidentiary rules have raised concerns among insurers, who anticipate increased claims exposure and are revising policy wordings accordingly.

Class Actions
The WODC (a Scientific Research and Data Center of the Ministry of Justice) has evaluated the Dutch Collective Settlement of Mass Claims Act (WAMCA), noting 95 collective actions since 2020 with none fully resolved. The report identified lengthy admissibility phases and funding issues, recommending procedural improvements and a clear funding framework.

Notably, the Vattenfal case was the first WAMCA case to reach substantive assessment, whilst the Mercedes Dieselgate action was declared admissible on appeal. These developments have fueled a growing claim culture in the Netherlands under the WAMCA framework.

Rotterdam Scale, relevant for personal injury claims

2025 saw the official introduction of the 'Rotterdamse Schaal' (Rotterdam Scale), a standardized framework for assessing immaterial damages in personal injury cases in the Netherlands. This scale, developed by a legal research team from the Erasmus University Rotterdam, provides a structured approach to quantifying non-material damages, such as pain and suffering. The aim is to bring greater predictability and transparency to claims handling. As the use of the Rotterdam Schaal leads to higher amounts of compensation, this will have consequences for the amount of damages awarded. Although not legally binding, courts and practitioners increasingly reference the Rotterdam Scale. The Dutch Judiciary is currently discussing the use of the Rotterdam Scale and is expected to publish a guideline soon.

Unregulated advocates          
Key issues in 2025 revealed growing concerns about claims by unregulated advocates in personal injury matters. Issues such as double billing, misleading advertising and insufficient expertise were increasingly reported, with up to a quarter of cases handled by unregulated advocates.

Sector organizations urged the introduction of statutory quality standards, including amendments to article 6:96 Dutch Civil Code (this is the article that specifies what types of costs can be claimed as damages), whilst a WODC study concluded that broader regulation is necessary. Parliamentary debates show support for mandatory accreditation and professional protection, although concrete legislative steps remain pending.           

Regulatory trends      
Regulatory developments were marked by increased supervisory attention from The Dutch Bank (DNB) and the Dutch Authority for the Financial Markets (AFM), including closer scrutiny of governance frameworks, digital resilience under DORA and the use of AI systems. At EU level, the key changes concern the revision of the Solvency II Directive, the central supervisory framework for European insurers, and the introduction of the Insurance Recovery and Resolution Directive setting new recovery and resolution rules. These reforms will shape the EU’s oversight of insurers in the coming years.   

What to look out for in 2026

PFAS

PFAS is projected to become an even bigger source of liability in 2026, especially as European regulations are expected to broaden PFAS restrictions under the REACH regulation (the Regulation of Registration, Evaluation, Authorisation and Restriction of Chemicals). At national level, a standalone PFAS ban remains under political consideration, but preparations for stricter standards on emissions, soil, and drinking water are being developed.

As lawsuits begin to target not only manufacturers but also distributors and processors, insurers are likely to respond by adding specific PFAS exclusions, sublimits, or significantly raising premiums. Together, these developments suggest that 2026 will be a crucial year when tighter regulations and increased legal claims come together.        

(Silent) AI       
Looking ahead to 2026, AI-related claims are expected to increase significantly, pressuring insurers to clarify the scope of AI coverage. The revised Product Liability Directive and AI Act will create strict liability for software and AI systems, likely to raise claim volumes. Silent AI exposure continues due to outdated policies, but insurers are expected to introduce explicit AI-clauses in 2026 to prevent unintended coverage.       

Heightened exposure is expected in mobility, healthcare and HR, where AI systems and bias may trigger liability or discrimination claims. Litigation funders are also likely to engage more actively, partly due to developments of the WAMCA in the Netherlands.   

Product liability          
By 9 December 2026, EU countries must implement the new Product Liability Directive. The broadened scope covering software, AI systems and associated digital services is expected to drive an increase in claims, including WAMCA cases in the Netherlands. Insurers are likely to introduce AI- and digital-product clauses to manage silent exposures, while companies face heightened compliance and contract management demands. Litigation funders are also expected to become more active, particularly in the tech and medical sectors.  

Unregulated advocates

Ongoing concerns about unregulated advocates are set to drive significant policy attention in 2026. Lawmakers are considering changes to article 6:96 DCC (see above) that would tie remuneration to the expertise of advocates, a change expected to lower insurers’ expenses.

Political debate on introducing a licensing system or protected professional title is gaining momentum, with a government response expected soon to help guide future supervision and enforcement. Insurers are expected to tighten cost assessments, refine policy wording and promote the use of accredited representatives.

Regulatory trends

Regulatory priorities in 2026 will center on enhanced supervision by the AFM and DNB, including data-driven and risk-based oversight and further implementation of DORA. At EU level, 2026 will serve as a transition year for the Solvency II revision and the IRRD, requiring updates to governance and recovery planning. Insurers are advised to prepare for upcoming financial-markets legislation and rising expectations on ESG, AI and operational resilience.

Class Actions

Key policy actions are expected in 2026, including the government’s response to the WODC evaluation of the WAMCA and potential legislative measures to streamline procedures and improve funding transparency. Collective claims are likely to increase, particularly in the areas of ESG, AI and consumer protection, with litigation funders playing a growing role. Insurers should anticipate higher exposure under directors’ liability and professional policies and may need to revise policy terms whilst closely monitoring funding and opt-out risks.