New liability law since 01/01/2025

Since 01/01/2025, the New Book 6 has introduced a change in the legislation concerning non-contractual liability. This has a significant impact on your professional activities. Since this date, an injured party can no longer direct their claim for poor performance of a contract solely at your company, but also directly at agents such as directors, employees, management members, interns, independent freelancers or employees such as CEOs, CFOs, project leaders, etc. or subcontractors. This change in legislation means that you, as an entrepreneur, need to take a number of measures within your company.

In the contract with your customers

According to the various documents available on this subject, we have established that it is apparently contractually possible to limit this new liability. We recommend that you contact your lawyer so that they can include the necessary clauses in your contract.

This includes:

• Including the necessary clause to protect directors, employees, members of management and interns. Please note: this clause cannot be invoked for an error that consists of damage to physical or psychological integrity or in the case of intent.
• Include the necessary maximum amounts of your liability. You can take into account the limits of your insurance policies and those provided by law.
• If you wish to do so for your subcontractors and/or independent freelancers: include the necessary clauses to protect them.

Arrange or review the necessary insurance policies

Professional liability insurance

Certain sectors, such as intellectual professions and service providers in the construction industry, can take out this insurance. This insurance covers financial losses resulting from professional errors such as incorrect advice, incorrect calculations, poor execution, etc.

Civil liability insurance (BA Uitbating)

This insurance covers damage caused by your company to third parties. This includes incorrect actions, mistakes or omissions. This concerns extra-contractual liability.

Directors' liability insurance (D&O)

This insurance covers you if you, as a director, are held personally liable for directors' errors and for violations of company law, accounting legislation and the articles of association.

• Directors' liability now also applies to de facto directors of both companies and non-profit organisations.
• It is expected that directors' liability will come under even greater scrutiny. This insurance is therefore an absolute must.
• In the case of holding companies or sister companies, it must be checked whether all directors in the companies concerned are insured.
• Liability for management errors cannot be limited by a clause in the contract with your customer.

Cyber insurance

Cyber insurance provides a number of important guarantees, such as:

• Assistance from specialists
• Liability
• Compensation for your loss of profit
• Own damage
• Payment of ransom

A Cyber Risks policy cannot prevent you from becoming a victim of hacking. However, it will make you much more aware of the necessary precautions to take to minimise the risk of hacking.

Please note: not having this insurance could be considered a management error.

Independent CEOs, CFOs, project leaders, etc.

They are responsible for taking out this insurance themselves (including for contractual discussions with the client), with legal assistance for their professional activities as an added bonus.

We hope this information is sufficient. If you have any further questions, please feel free to contact us via this page.