Shop Opening Hours Act: More Freedom or New Dilemmas?

As a retailer, you have to deal with it day in, day out: the Shop Hours Act. This law regulates the times at which you are allowed to open your store. The aim of the law is to strike a balance between entrepreneurial freedom, consumer wishes, and social interests.

Situation until January 1, 2022

The main rule of the law is that shops in the Netherlands may be open from 6 a.m. to 10 p.m. on working days and Saturdays, but not on Sundays and public holidays. However, exemptions may be granted by the local authority to allow shops to open on Sundays and public holidays.

Until January 2022, it was possible for retailers' associations and landlords, among others, to prescribe or change opening hours in internal regulations, articles of association or rental agreements. This forced retailers to be open at times they had not chosen themselves.

Situation since January 1, 2022

As of January 1, 2022, Article 3 of the Act was amended. This amendment fundamentally changed control over opening hours. From that moment on, opening hours imposed unilaterally by a retailers’ association or landlord are void unless you, as a retailer, have expressly agreed to them.

This means in practice that:

• As a retailer, you cannot simply be obliged by a shopkeepers' association or landlord to be open on Sundays when shops are allowed to open;
• A landlord cannot unilaterally amend opening hours in a lease agreement;
• In theory, decisions on opening hours are placed in your hands as a retailer.

For retailers who rent premises in shopping centers or retail areas, however, practice can sometimes be different. Refusing to agree to the opening hours prescribed by a landlord may result in the landlord being unwilling to enter into a lease with you. The law does, however, protect you against unilateral changes to opening hours during the term of the lease.

Announcement of the Evaluation

When the law was amended in 2022, it was agreed that it would be evaluated after a few years to assess how the changes were working in practice.

In his letter of January 13, 2026, the Minister of Economic Affairs announced that the evaluation would be carried out earlier than planned. The initial focus will be on the effectiveness and impact of the amendment to Article 3 of the Act.

In addition, attention will be paid to:

• Consumer behavior in relation to Sundays and public holidays;

• The possibility of (partially) lifting the ban on opening on Sundays and public holidays; and

• The evaluation of the prohibition on unilateral changes to opening hours.

In the letter dated 13 January 2026, the Minister outlines a number of possible options for amending the law:

• Repealing the national ban on Sunday opening, so that shops may (also) be open on Sundays from 6 a.m. to 10 p.m.;
• Repealing the national ban on Sunday opening, but leaving it up to local authorities to set rules on these opening hours;
• Adding grounds on which local authorities are obliged to grant (individual) exemptions;
• Repealing the law in its entirety.

Why This Evaluation Matters for You as a Retailer

As a retailer, you should follow this evaluation closely, as its outcome may have a significant impact on your operational choices, employment conditions, and competitive position. For retailers, clarity and predictability are especially important, particularly when opening hours are determined by parties other than the entrepreneur, as this can lead to tensions with staff (days off) and logistical planning.

What should retailers be paying attention to in the coming months?

1. Follow the evaluation closely – there are options on the table that could radically change the law, from repealing the national Sunday ban to complete decentralisation to municipalities.

2. Check your contracts – make sure you know what they say about opening hours and that you have explicitly agreed to all the provisions you are bound by.

3. Engage in dialogue with your trade association – ensure that you can influence the interpretation and implementation of new rules.

The evaluation of Article 3 and the broader shopping hours regulations is much more than a formal exercise; it is an opportunity to make the law truly future-proof for everyone who opens a shop every day.