Alcoholic beverages, distance selling

Decree containing rules for the implementation of the Alcohol Act (Alcohol Decree)

The Decree may (possibly) contain technical regulations. This concerns in particular the rules on distance selling of alcoholic beverages. The Decree lays down the rules to be complied with by an age verification system used for distance purchasing/ordering of alcoholic beverages. This age verification system consists of an age question with every online or telephone purchase before completion of the purchase process. Answering this age question requires the buyer to actively perform an act at the time of purchase. In addition, this Decree stipulates that with every distance purchase it must be stated that, besides at the moment of purchase, the age of the recipient is also verified upon delivery of the alcoholic beverage.

Moreover, when alcoholic beverages are shipped, vendors must use a secured method that ensures that age is verified upon delivery of the alcoholic beverage. The secured method describes:
(1) how distance sellers will monitor the age limit during any transfer of alcoholic beverages between different chain partners from dispatch to delivery;
(2) the manner in which distance sellers will ensure that alcoholic beverages are supplied only to persons of legal age and at the consignee’s address or the point of distribution;
(3) how distance sellers will ensure that the current secured method is known and understood by those working under the responsibility of a distance seller; and
(4) how distance sellers will carry out, at least once a year, an examination of the implementation of the secured method and their obligations and will correct any deficiencies found.

The distance selling rules shall only apply if the individual and the person selling the alcoholic beverage are both located in the Netherlands (see notification 2019/339/NL for the definition). In addition, it shall apply to the sale of all alcoholic beverages, regardless of where they are produced.