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…
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,…
Background In a rare and exceptional case, the Dutch government has used old legislation, originally intended to deal with national emergencies and threats, to intervene in the affairs of a private Dutch semiconductor company under Chinese ownership. On 30 September 2025, the Dutch Minister of Economic Affairs invoked the Goods Availability Act (Wet beschikbaarheid goederen) to mitigate perceived risks to national security in relation to semiconductor manufacturer Nexperia. The ministerial order was driven by serious…
On 1 July 2024, the Dutch government published a legislative proposal specifically aimed at ensuring national security in the defense sector, through the so-called Defense Resilience and Safety Related Sector Act (Wet weerbaarheid defensie en veiligheid gerelateerde industrie, the “Proposed Act”). Importantly, the Proposed Act – which needs to be seen in the broader context of current geopolitical tensions and Dutch and European policy priorities to safeguard strategic autonomy and prevent undue influence from undesired…
Judicial review of FDI enforcement is rare in the Netherlands. In one of the first matters brought before a Dutch court, the broad retro-active ‘call-in’ powers of the Dutch Minister of Economic Affairs and Climate (‘Minister’), as provided for in the Act on Security Screening of Investments, Mergers and Acquisitions (‘Vifo Act’ or ‘Act’), were scrutinised and the Minister’s enforcement actions were effectively curtailed. The ruling from the District Court of Rotterdam (‘Court’) on 25…