The five biggest legal risks for Dutch importers are product liability, IP claims, CSDDD chain liability, customs violations, and quality defects. At Musch Legal, we see that importers often bear risks that actually belong to the foreign manufacturer — but have not been contractually transferred back. A structured approach across all five areas prevents the majority of the damage.
What is the legal problem? (Which risks are typical for importers?)
Under EU law, importers bear heavy responsibility for what they place on the EU market. Product defects, IP claims, and compliance issues from foreign manufacturers almost always land with the importer. Without contractual indemnification or security, the importer bears the full risk. Five risk areas recur most frequently and can each cause millions in damages.
What does the law say? (Which frameworks affect importers?)
Product liability under Directive (EU) 2024/2853 and Articles 6:185-187 of the Dutch Civil Code (importer equated with producer). CE marking and REACH (Regulation 1907/2006) for importers of consumer products. CSDDD (Directive (EU) 2024/1760) requires due diligence in the supply chain. Customs Code (Regulation (EU) 952/2013). For IP: enforcement via border measures under Regulation (EU) 608/2013.
For B2B sales between Contracting States, CISG applies automatically under Article 1 CISG.
Risk
Potential damage
Prevention
Product liability
Up to millions + recall
Insurance + IP indemnification
Third-party IP claim
Infringement damages + penalty payment
Pre-import IP screening + indemnification
CSDDD chain infringement
Fine up to 5% turnover
Supplier Code + audit
Customs error
Fine + revocation
Specialist customs broker
Quality defect
Customer loss + returns
Pre-shipment inspection
Risk
Potential damage
Prevention
Product liability
Up to millions + recall
Insurance + IP indemnification
Third-party IP claim
Infringement damages + penalty payment
Pre-import IP screening + indemnification
CSDDD supply chain breach
Fine up to 5% turnover
Supplier Code + audit
Customs error
Fine + revocation
Specialist customs broker
Quality defect
Customer loss + returns
Pre-shipment inspection
What risks do companies face? (What threatens cumulatively?)
For importers of consumer products, all five risks can materialize simultaneously in the event of large-scale defects. Product liability plus recall plus IP claim plus CSDDD investigation plus customs control can impact operational continuity. For SME importers, thorough contractual protection and insurance are essential. Foreign manufacturers are often difficult to hold accountable; the importer is on the front line.
Practical example from our practice (How do we save an electronics importer?)
Musch Legal represented a Dutch importer of electrical appliances from China without product liability indemnification, no IP indemnification, and no quality control clause. A European client claimed damages due to a defect; simultaneously, a third party sued for patent infringement. The client bore both claims, totaling 920,000 euros. Upon renegotiation, we incorporated: HKIAC arbitration, NNN under Chinese law, SGS pre-shipment inspection, and IP and product liability indemnification with escrow. The following incidents have been successfully resolved.
What can you do? (Which prevention framework are you building?)
Implement a 5-risk framework for importers: 1. Product liability: insurance + supplier indemnification; 2. IP: pre-import screening + indemnification; 3. CSDDD: Supplier Code + audit; 4. Customs: specialist freight forwarder + classification table; 5. Quality: pre-shipment inspection + L/C. Combine with an annual audit and external legal counsel. Engage Musch Legal for an importer risk framework.
The five biggest legal risks for exporters