There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
Directive 2001/29/EC was implemented in the Netherlands through the Copyright Act with a closed system of carefully defined copyright limitations.

Copyright is reportedly not adequately enforced online in the Netherlands, with high levels of online piracy and insufficient measures to combat it. The Dutch government has acknowledged the importance of protecting intellectual property rights (IPR), and law enforcement agencies collaborate with industry associations to identify and confiscate pirated software. Despite these efforts, online piracy remains a significant issue, highlighting the need for more robust enforcement mechanisms.

The European Union and the Netherlands have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.

The European Union and the Netherlands have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.

The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. The Netherlands transposed the Directive through the Law on the protection of trade secrets in 2018.

It is reported that passive sharing is mandated in the Netherlands, and it is practised in the mobile and fixed sectors based on commercial agreements. In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.

The Netherlands does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

It is reported that the Netherlands Authority for Consumers and Markets (ACM), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

Certain public records have to be stored in archives in specific locations in the Netherlands. This applies both to paper and electronic records. Government organisations regularly make a “selection list” which categorises the type of information that should be kept and for how long. Examples include reports on which ministries base their policies, building permits, and documentation of special events or disasters. After 20 years, the government organisations transfer such documents to the National Archives or to a local or regional archive service located in The Netherlands.

In June 2023, the Investments, Mergers, and Acquisitions Security Screening Act (Vifo Act) came into effect to assess and manage the security implications of investments, mergers, and acquisitions within the Netherlands. This Act aims to protect national security by screening transactions that may pose risks to critical infrastructure, sensitive technologies, or other vital sectors (Arts. 11 and 12). As stipulated, investment activities in companies providing certain designated critical activities (“vital providers”), managers of business campuses, and companies that provide sensitive technology must be notified to the Bureau for Verification of Investments.
Under the Act, authorities can intervene or block transactions that may threaten national security. Vital providers, as defined by Art. 7, include specific financial market infrastructure providers, such as trading platforms. Additionally, the Minister may designate other technologies as sensitive through an order in the council (Art. 8). The Decree in the Scope of Application of Sensitive Technology identifies semiconductor technology and High Assurance information security products as sensitive technologies.

Art. 23b of the Patents Act 1995 stipulates that a patent application can only be accepted if it has been submitted by a registered patent attorney or lawyer who is registered with a court of law. The patent attorney must be registered in the official Register of Patent Attorneys. Patent attorneys from a different European Union or European Economic Area (EEA) country are allowed to submit a limited number of patent applications in the Netherlands during a specific period only after gaining permission from the director of the Netherlands Patent Office.

The Netherlands is a party to the Patent Cooperation Treaty (PCT).

Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
The Public Procurement Act transposes the restriction on foreign goods as established by the Utilities Directive (2014/25/EU) into law. A contracting authority or a “special sector company”, i.e. legal persons or institutions that provide privatised public services, may reject any tender submitted for the purpose of awarding a supply contract if the proportion of goods originating in third countries (with which the EU does not have international commitments) exceeds 50% of the total value of the goods to which such tender relates (Public Procurement Act, Art. 3.76).