Duty of care

Definition

A duty of care is the legal obligation to take reasonable care to avoid causing foreseeable harm to others or to their interests. In Dutch law it is context-dependent: it may flow from a contract, from a professional standard, or from the unwritten standards of proper social conduct that underpin tort liability. Breach of a duty of care is a key element of both contractual and tort claims.

Example

An advisor who fails to warn a client of an obvious risk may breach their professional duty of care.

Why this is a business risk

A duty of care can arise even without a written contract, meaning that advice given informally or services performed without a formal agreement still carry legal obligations. Professionals in advisory roles face heightened exposure because the standard of care is calibrated to their expertise, not the average person's. Breaching a duty of care can lead to tort claims from both contracting parties and third parties who relied on the professional's conduct.

How to manage it

• Document the advice or services you provide and the information available to you at the time, so you can demonstrate that you acted with appropriate care.
• Define the scope of your duty contractually: specify what you will and will not advise on, and to whom the advice is addressed.
• Maintain professional indemnity insurance calibrated to the scale of losses that could arise if your advice or service causes harm.
• Keep up to date with professional standards in your field, as the benchmark for "reasonable care" evolves with practice.

Legal references

• BW 6:162 Dutch Civil Code: wrongful act Dutch law

Unless marked otherwise, references are to Dutch law (Burgerlijk Wetboek, the Dutch Civil Code); EU instruments such as the GDPR apply across the EU. This is general information, not legal advice. Other jurisdictions treat these concepts differently. Verify the current text and your situation with a qualified lawyer.