Legal questions, answered
Answers to common questions about Dutch law, researched by Savion's agents against the legislation as it stands, with the articles cited.
Consumer
- Debt collector (incassobureau) is threatening me — what are they allowed to do?An incassobureau (private debt collection agency) is allowed to demand payment of an existing debt, send written reminders, charge statutorily capped
- The webshop won't refund me — what are my EU rights?In short: as a consumer who bought something from a webshop, you have two layered EU-derived rights that a Dutch webshop cannot waive. First, you can
- What warranty do I have on a product that broke after a few months?Short conclusion. In the Netherlands, a product that breaks after only a few months is almost always covered by the wettelijke garantie (legal warranty of
- I bought a defective used car — can I return it or get money back?Yes, in most cases you can. If you bought the car from a professional seller (a garage, dealer, or other trader) as a private individual, you fall under
EU AI Act
- Does the EU AI Act apply if my company is outside the EU?Yes, in many cases. Regulation (EU) 2024/1689 (the "EU AI Act" or "AI-verordening") applies to providers and deployers of AI systems that are established
- What AI practices does the EU AI Act prohibit?Short conclusion. Regulation (EU) 2024/1689 (the "AI Act" / AI-verordening) prohibits eight categories of AI practices that the European legislator
- What counts as a high-risk AI system under the EU AI Act?A system is "high-risk" under the EU AI Act if it falls into one of the two routes in Article 6 of Regulation (EU) 2024/1689, and the special "filter" in
- Do I have to tell users they are talking to an AI?Yes, in most cases. Under Article 50(1) of Regulation (EU) 2024/1689 (the "EU AI Act" / "AI-verordening"), providers of AI systems intended to interact
- What are the fines under the EU AI Act?Under Regulation (EU) 2024/1689 (the "EU AI Act" / "AI-verordening"), fines for providers are set in three tiers — the regulator picks whichever is higher
- Do general-purpose AI models have extra EU AI Act rules?Short answer: Yes. Regulation (EU) 2024/1689 (the "EU AI Act" / "AI-verordening") adds a dedicated layer of rules specifically for general-purpose AI
- I deploy AI but did not build it — what must I do under the Act?If you deploy an AI system you did not build, you are a "deployer" under Regulation (EU) 2024/1689 (the EU AI Act). What you must do depends on the AI
- When do EU AI Act obligations start applying?Short conclusion
Employment
- Can my employer refuse my vacation request?Can my employer refuse my vacation request?
- Am I a false self-employed (schijnzelfstandige)? ZZP vs employee rulesShort conclusion
- What happens to my residence permit if I lose my job?Short answer. Under Dutch immigration law, a residence permit that was issued on the condition that you work (a so‑called verblijfsvergunning regulier voor
- Is my employer required to pay the 8% holiday allowance (vakantiegeld)?Short answer: Yes. Under Dutch law, an employer is required to pay every employee at least 8% holiday allowance (vakantiebijslag / vakantiegeld) over the
- My employer is not paying my salary — what can I do?Short answer
- Should I sign this settlement agreement (vaststellingsovereenkomst)?Before signing a Dutch settlement agreement: your 14-day cooling-off right, WW pitfalls, the transition payment, and what every VSO must contain.
- Can I be fired while on sick leave in the Netherlands?Dutch law blocks dismissal during the first two years of sickness — but not in probation, for urgent cause, or if you refuse reintegration.
- Is my non-compete clause enforceable in the Netherlands?When a Dutch non-compete (concurrentiebeding) is enforceable, how courts annul or limit it, and the reform that would cap it at 12 months.
- My employer fired me on the spot (ontslag op staande voet) — is that legal?When ontslag op staande voet is legal in the Netherlands, how to challenge it within two months, and what pay you can still claim.
- How many temporary contracts before I must get a permanent one?In the Netherlands a fixed-term chain becomes permanent after more than 3 contracts or 36 months, with gaps of 6 months or less. Rules and exceptions.
Expat & Immigration
- Can my partner work in NL on a dependent/partner visa?Short answer
- Do I lose my residence rights if I divorce my sponsor?Below is an FAQ-style answer based on what the official Dutch immigration statute provides. I could not retrieve the article text directly through the live
- What is the orientation year (zoekjaar) and who can use it?Below is a FAQ article based on my general knowledge of Dutch immigration law. Important caveat: I attempted to retrieve the authoritative statutory text
- Do I qualify for the 30% ruling and how do I apply?Yes — you may qualify for the 30% ruling (also called the "expat facility") if you are recruited from abroad to work in the Netherlands as an employee,
Family
- How is partner alimony calculated and how long does it last?Partner alimony (partneralimentatie) under current Dutch law is the post-divorce duty of one former spouse to contribute to the other former spouse's
- How is child support (kinderalimentatie) calculated?Short answer: Dutch child support (kinderalimentatie) is calculated in two steps. First, the child's need (behoefte) is determined — what the child would
- We were never married — what are my rights after separation (samenwonen)?In short: Dutch law gives unmarried cohabitants far fewer automatic rights than married couples or registered partners. There is no default community of
- Who keeps the rental house or owned home after a breakup?Short answer
- How do I divorce in the Netherlands without an expensive lawyer?Based on my research, I now have enough verified information to write the FAQ article. Let me compose it.
Freelance & Business
- Does the EU AI Act apply to my company and what must I do?The EU AI Act is an EU regulation (Regulation (EU) 2024/1689), not a Dutch national statute, so it is not in the BWB database searched by the
- GDPR basics for a small business: what am I actually required to do?Short answer
- Liability as a freelancer: do I need to limit it and how?A freelancer in the Netherlands is not legally required to limit liability, but it is strongly advisable. Liability typically follows from the contract
- What must be in my general terms and conditions (algemene voorwaarden)?Dutch law does not give you a checklist of clauses that must appear in your algemene voorwaarden — there is no statutory minimum catalogue of, say, "a
- My client won't pay my invoice — what are my options as a ZZP'er?Short conclusion. Under current Dutch law, as a ZZP'er (zzp'er / ondernemer in de inkomstenbelasting) you have a layered set of remedies: an extrajudicial
Government & Fines
Housing & Rent
- Am I paying too much rent under the points system (WWS)?If your rent is higher than the maximum the points system says your home is worth, you are paying too much. For self-contained homes with up to 186 points
- Can my landlord terminate my rental contract?Short answer
- My landlord won't return my deposit — what are my rights?Under Dutch law, a residential landlord must return your deposit (waarborgsom) within 14 days after the tenancy ends — or within 30 days if part of it is
- Can my landlord increase my rent, and by how much?Short answer: Yes, in principle your landlord can raise the rent once per year, but how much and how it must be done depends on the sector your home falls
Neighbours & Property
- Can my neighbour's camera film my garden or door?Short conclusion: Generally no — under current Dutch law your neighbour may not film your garden, front door or other parts of your home in a way that
- My neighbours make constant noise — what are my legal options?Your neighbours can be ordered by a court to stop noise that amounts to onrechtmatige hinder (unlawful nuisance), and in serious or night-time cases the