Legal definitions
A child is defined as a person under 18 years old, and criminal law in the Netherlands applies different rules for each of three age categories: under 12 years, 12 to 16 years, and 16 to 18 years. The legal age of consent to engage in sexual activity is 16 years. Sexual activity with children under 12 years old is illegal, and sexual activity with children aged 12–16 is generally illegal unless both parties are close in age. For minors aged 16–18, sexual activity is unlawful where there is abuse of authority, dependency, or vulnerability.
Child sexual exploitation is not separately defined but is covered by offenses such as sexual assault, rape, and trafficking of minors. Sexually explicit conduct is treated as “sexual acts” and includes both physical and online behavior that causes a person to engage in sexual acts. Child sexual abuse is addressed through offenses such as sexual assault, rape, grooming, sexually approaching a minor, and sexually corrupting conduct, with protections varying by the child’s age and situation.
Child pornography includes any sexual image of a person under 18, including digital data and computer/AI-generated or animated images that appear to depict a child. Grooming is criminalized as arranging or proposing sexual meetings with minors under 16 years old, and sexually intrusive online communication with minors is prohibited. Sextortion is not named as such but is punishable under general extortion laws.
Regulatory requirements/recommendations
Online platforms in the Netherlands are subject to regulatory obligations under EU law and national child sexual abuse material (CSAM ) enforcement law. Online platforms are required to remove or disable access to CSAM, enticement, grooming, or sextortion content once they identify it or are notified of its presence. However, there is no general obligation for online platforms to proactively review, screen, or detect such content.
Age verification requirements/recommendations
Online platforms are not required to implement any method of age verification before a user can access their services.
Parental consent requirements/recommendations
Online platforms in the Netherlands are required to obtain parental consent when offering information society services to children under 16 years old where consent is the legal basis for processing personal data. Online platforms must make reasonable efforts to verify that consent was provided by a person with parental responsibility.
Legal remedies for child victims
Child victims in the Netherlands have access to criminal and civil legal remedies. Authorities may require online platforms to remove or block access to CSAM, and courts may order content to be made inaccessible to prevent further harm. Victims may seek injunctions or other court orders to stop continued publication. Courts also may issue orders prohibiting offenders from posting or distributing the material in the future. Child victims may seek financial compensation from offenders through criminal or civil proceedings and may apply for government-funded compensation and victim assistance services.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.