Zorgplicht
Duty of care
The duty of care is the statutory obligation to exercise due care when acting or omitting to act so as to prevent harm to others.
The duty of care is a fundamental principle of Dutch law that arises from reasonableness and fairness. It requires a party to have regard for the interests of others and to take reasonable measures to avoid causing harm.
This duty applies across various areas of law, including liability law, contract law and administrative law. A breach may give rise to civil liability or administrative sanctions.
In practice, the duty of care is evident, among other contexts, in medical treatment, financial advice and employment relationships, where the care provider or adviser is expected to inform and protect the other party adequately.
“The bank had breached its duty of care by failing to adequately inform the customer about the risks of the complex investment product.”
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