Reputatieschade

Reputational damage

Reputational damage is the impairment of the good name or image of a natural person or legal entity through unlawful statements or acts by another. This may give rise to both non-pecuniary and pecuniary damage.

Reputational harm arises when false, defamatory or negligent statements impair the honour, dignity or professional standing of the individual concerned. Under Dutch law, such claims are typically brought on the basis of tort (Article 6:162 of the Dutch Civil Code), either alone or in conjunction with the provisions on libel and slander.

The harm is actionable because it may damage professional relationships, client bases or career prospects, resulting in concrete financial losses. In addition to seeking rectification, claimants may seek compensation for non-pecuniary loss and loss of earnings.

In practice, reputational damage frequently arises in connection with negative media statements, online reviews, employment disputes or competitive practices. In such cases the court examines whether the statement was unlawful and whether a causal link exists with the damage alleged.

“The entrepreneur claimed damages for reputational harm after a former business partner had disseminated false accusations of fraud.”

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