On 8 June 2026, the Dutch government announced the expansion of the Dutch “broad” investment screening regime, the Vifo Act (Wet veiligheidstoets investeringen, fusies en overnames), by introducing six additional technologies to the list of highly sensitive technologies falling within the scope of the FDI / national security screening mechanism. The expansion is set to enter into force on 1 January 2027. The announcement is available here (in Dutch).
First mentioned already in late 2024, the Dutch government envisages expanding the Vifo Act to cover six new categories of highly sensitive technologies in addition to semiconductor, quantum, photonics and high-assurance that are currently deemed highly sensitive. Although this is not reflected in the current announcement, it appears likely that it will identify specific subcategories of these broader categories; however, the precise scope remains unclear at this stage as the proposed expansion will first require approval in the House of Representatives and the Senate, and may also be subject to comments from the Council of State.
Summary of scope
Under the current announcement, the following six new technologies will be added to the scope of the Vifo Act:
- Biotechnology (in part, for example, stem cell technology and seed breeding).
- Artificial Intelligence (currently appears to mainly concern use of facial recognition).
- Advanced Materials.
- Nanotechnology.
- Sensor and Navigation Technology.
- Nuclear Technology for Medical Use.
Heads-up for those looking at deals in this space
This expansion may impact transactions in this space that are signed before 1 January 2027 but are not completed yet by the time of entry into force (there is currently no claw-back mechanism foreseen).
Finally, given that this expansion concerns the ‘special’ category of highly sensitive sectors, the mandatory filing obligation may already be triggered as of investments representing shareholdings of 10% or more (i.e. at levels below the usual ‘control’ threshold).
If this may impact your envisaged deals, please reach out on how we can help you navigate this process appropriately.
