Dutch national security screening regime enters into force

NL Law
EU Law

The Dutch national security screening regime (Wet veiligheidstoets investeringen, fusies en overnames or Wet Vifo) enters into force today, 1 June. This regime has created a notification obligation for transactions relating to target companies that operate in the field of sensitive technology, are considered vital providers, or are operators of business campuses in the Netherlands, under the Wet Vifo. This obligation can arise regardless of the nationality of the acquiring party (so also Dutch acquirers can be obliged to notify transactions under this regime). This new obligation is an important addition to the M&A checklist.

The final text of the Act in Dutch can be found here. An additional decree relating to the scope of sensitive technology can be found here, and practical information to include in a notification can be found here.

Earlier Stibbe articles on this topic can be found here, here, here and here (in English) and here, here and here (in Dutch).