Since our earlier blog on the proposed expansion of the Dutch investment screening regime under the Vifo Act (Wet veiligheidstoets investeringen, fusies en overnames), further details have emerged regarding the technologies that are expected to fall within the expanded scope of the regime. The Council of State (Raad van State) issued a favorable opinion on the proposal on 26 October 2026, suggesting that the envisaged expansion remains on track for entry into force on 1 January 2027.
This draft decree now provides further guidance on the specific subcategories that are expected to be brought within scope. These include a range of technologies in the fields of biotechnology, artificial intelligence, advanced materials, nanotechnology, sensor and navigation technology, and nuclear technology for medical use.
Scope of the new categories
The draft decree provides further detail on the six new categories of highly sensitive technology that are expected to be brought within the scope of the Vifo Act:
- Advanced materials: technologies relating to materials for the storage, transport or conversion of energy; two-dimensional (2D) materials with modifiable optical, electronic, magnetic or acoustic properties; and high-entropy alloys.
- Artificial intelligence: general-purpose AI models and AI systems based on such models that are suitable for the development of space or defense applications or involve general-purpose AI models with systemic risk; and, to the extent not already covered, certain AI systems used for the identification or recognition of persons, groups or objects, impersonation (including deepfakes), tracking based on geographic or sensor data, or security screening.
- Biotechnology: synthetic cell technology; stem cell technology; gene-editing technologies; and genomics.
- Nanotechnology: technologies for the development and production of programmable artificial materials based on nanoparticles or nanostructures; and micro- and nanoreactor technologies.
- Sensor and navigation technology: Simultaneous Localization and Mapping (SLAM); sensor fusion and sensor array technologies; sensor network and ambient technologies; and signature-management and pattern-recognition technologies.
- Nuclear technology for medical use: technologies involving medical isotopes (radionuclides) used in radiopharmaceuticals for the diagnosis or treatment of diseases.
In addition to these six new categories, information security and laser satellite communication technologies, which are already covered by the Vifo Act as sensitive technologies, would be reclassified as highly sensitive technologies. This is significant because the lower notification thresholds applicable to highly sensitive technologies, which can be triggered by acquisitions of shareholdings of 10% or more (i.e. at levels below the usual ‘control’ threshold), would consequently also apply to these sectors.
Looking forward
The expansion underscores that the Dutch FDI landscape is not static and that the scope of activities that may require upfront approvals is subject to change. That said, the expanded scope is not expected to take effect until 1 January 2027, and no claw-back mechanism is currently foreseen. Given that timeline, businesses contemplating transactions involving the technologies described above therefore should already now assess the potential implications of the new rules, as deals signed but not closed after entry into force will likely be caught.
If this may impact your envisaged deals, please reach out on how we can help you navigate this process appropriately.
