The Duty of Care of a Self-Employed Contractor: Do You Know What the Law Expects from You?

Many self-employed professionals are not aware of it, but under Dutch law they are required to carry out their work with due care. This legal duty of care arises from the contract for services (in Dutch: overeenkomst van opdracht). Even if you work independently and follow the client’s instructions, you are not entirely free from liability. In fact, sometimes the law expects you to act against what the client asks of you — for their own good.

What does the law say?

Article 7:401 of the Dutch Civil Code (Burgerlijk Wetboek) states:

“The contractor must, in carrying out the work assigned to him, exercise the care of a good contractor.”

This duty is stricter than it may seem. It means that you must act carefully and professionally — even when your client does not. In some cases, you may even have to warn your client, or advise against their instructions, to avoid damage or legal risk. The idea behind this rule is that the contractor is the expert, and the client is not.

What does this mean in practice?

Suppose a client asks you to write a tax advice letter, build a website, or inspect a technical installation. In each case, you are expected to use your expertise to deliver quality work and to protect your client’s interests. If your client requests something that may lead to problems — for example, an unlawful suggestion in a tax letter or a structurally unsafe design — it is your duty to warn them.

This duty does not depend on whether your client is a private individual or a business, nor on whether the consequences affect the client or third parties. You are expected to act with care regardless.

How far does the duty of care go?

The answer depends on your profession, the specific work involved, and your knowledge and experience. A specialist has a broader duty of care than a generalist. A freelance financial advisor has different obligations than a plumber or photographer. But in all cases, you are expected to prevent foreseeable harm and to provide proper advice — even if the client doesn’t ask for it.

In legal proceedings, the standard of “a good contractor” is often interpreted strictly. Judges tend to consider whether the contractor took active steps to inform, warn, or guide the client — not just whether the work was done.

Conclusion

As a self-employed professional working under a contract for services, you are not only responsible for carrying out the assignment — you are also expected to look out for your client’s interests. That may sound obvious, but legally it’s a strict obligation.