Dutch law does not provide for full discovery of documents. The legislature and the courts are wary of "fishing expeditions." However, the Dutch Code of Civil Procedure does allow a party that is considered to have a justified interest to demand inspection, a copy, or extract of identifiable documents that relate to a legal relationship to which it is a party. A contract or alleged wrongful act committed by one party against the other constitutes such a legal relationship. The party that asks for inspection must be able to identify the documents, or at least a specified category of documents. The party may demand this information from any party that has these documents at its disposal or in its possession. If necessary, the court will decide the manner in which inspection is taken, and in which an extract or a copy of a document must be given.

The court will not order the disclosure of the documents if in its view any of the following holds:

• The confidentiality of the information amounts to a compelling reason not to comply with the demand
• The proper administration of justice can be guaranteed without providing the requested documents
• The respondent's interest in not divulging the information outweighs the applicant's interest in obtaining it

If litigation is started, parties are obliged to state all facts completely and truthfully insofar as they may be material to the outcome of the case. If a party fails to do so, the court may draw any conclusion that it deems fit. In connection with this obligation, the court may order the parties to expand on their statements or to provide documents that relate to the case at any stage of the proceedings. Parties may refuse if they have a compelling reason to do so; the confidentiality of information may be such a reason. If the court decides that the refusal is not justified, the court may draw any conclusion from the non-submission that it deems fit.