- What are the key national laws on forced labour, modern slavery and/or human rights in your country?
- Are there any sector-specific rules?
- Are there any obligations for companies, e.g. reporting, due diligence, supply chain transparency?
- Are there any government reporting requirements?
- Are there any penalties and enforcement mechanisms?
- Potential criminal, civil or administrative penalties for violations?
- Risks for directors or executives?
- Upcoming laws, regulations, etc?
jurisdiction
1. What are the key national laws on forced labour, modern slavery and/or human rights in your country?
- Besluit activiteiten leefomgeving (Bal) / Environmental Activities Decree
- OECD Guidelines for Multinational Enterprises
- Wet Zorgplicht Kinderarbeid / Child Labour Duty of Care Act (not yet in force)
- The Dutch Criminal Code
- The human trafficking Instruction of the Public Prosecutor's Office
- The Dutch constitution
2. Are there any sector-specific rules?
Responsible Steel International Production Standard (for steel industry)
3. Are there any obligations for companies, e.g. reporting, due diligence, supply chain transparency?
Due diligence and risk assessment, especially regarding child labour and environmental impact.
4. Are there any government reporting requirements?
Child Labour Duty of Care Act (when in force) will require companies to declare due diligence regarding child labour.
5. Are there any penalties and enforcement mechanisms?
- For the Child Labour Duty of Care Act: administrative fines, possible criminal prosecution for repeated violations.
- Environmental Activities Decree: liability in tort for breach of duty of care.
6. Potential criminal, civil or administrative penalties for violations?
There are administrative fines, criminal prosecution, criminal prosecution for directors in case of repeated violations (child labour law), liability for damages in tort.
7. Risks for directors or executives?
Directors may face criminal prosecution for repeated non-compliance with child labour due diligence obligations
8. Upcoming laws, regulations, etc?
Child Labour Duty of Care Act is not yet in force; timing is uncertain.
Legislative Proposal on an Act on responsible and sutainable international business practices; this was the Dutch counterpart of the (first version of the) CSDDD, but has been in a standstill for a long period. It is uncertain what will happen with this proposal.