Article 7:661 Dutch Civil Code, Book 7

Paragraph 1

An employee who, in the performance of the contract, causes damage to the employer or to a third party to whom the employer is obliged to compensate that damage is not liable to the employer in that respect, unless the damage is the result of his or her intent or deliberate recklessness. The circumstances of the case, having regard also to the nature of the contract, may lead to a result other than that provided in the preceding sentence.

Paragraph 2

Derogation from paragraph 1 and from Article 170(3) of Book 6 to the detriment of the employee is possible only by written contract and only in so far as the employee is insured in that respect.