Netherlands FDI Alert: Consultation Launched on New Categories of (Highly) Sensitive Technologies

Written By

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Tialda Beetstra

Senior Associate
Netherlands

As a Senior Associate in our Competition and Regulatory Groups in Amsterdam and The Hague, I specialise in competition, public procurement and energy regulatory matters, with a focus on the tech & comms and energy & utilities sectors.

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Janneke Kohlen

Partner
Netherlands

I am a partner in our Competition & EU Law Group in The Hague where I specialise in competition law and public procurement law, advising on contentious and non-contentious matters for a broad variety of our clients.

The Dutch FDI Act, which screens transactions involving highly sensitive technologies, is set to expand its scope as proposed by the Dutch government on December 19, 2024. This expansion, detailed in the Sensitive Technologies Decree (Besluit toepassingsbereik sensitieve technologie), will affect companies and investors in sensitive technologies, significantly broadening the lists of "sensitive" and "highly sensitive" technologies to enhance national security. This strategic move aligns with recent European developments, such as the reformation of the Foreign Direct Investment (FDI) Screening Regime and the European Economic Security Strategy's priorities. The aim is to impose stricter oversight on foreign investments in strategic sectors. This is a policy that the Dutch FDI Act applies to both foreign and domestic investments. Read the full article here.

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