The Netherlands has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. The Netherlands implemented the GDPR in 2018 through the General Data Protection Regulation Implementation Act.

The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The Netherlands has transposed Directive 2000/31/EC. Safe harbour exceptions are set out in Article 196c, Book 6 of the Civil Code. According to this article, the party who provides information services is not liable for the automated, intermediate and temporary storage of the information if the party promptly takes the necessary measures to remove or disable access to the information as soon as 1) the party knows that the information has been removed from the place where it was originally in the communication network or access to it has been disabled, 2) or that a competent authority has ordered the removal of the information from the place where it was originally in the communication network or has prohibited access to it.

The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The Netherlands has transposed Directive 2000/31/EC. Safe harbour exceptions are set out in Article 196c, Book 6 of the Civil Code. According to this article, the party who provides information services is not liable for the automated, intermediate and temporary storage of the information if the party promptly takes the necessary measures to remove or disable access to the information as soon as 1) the party knows that the information has been removed from the place where it was originally in the communication network or access to it has been disabled, 2) or that a competent authority has ordered the removal of the information from the place where it was originally in the communication network or has prohibited access to it.

Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters), under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19).
To implement Directive 2019/790, the Copyright Directive Implementation Act has received royal assent, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.

The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In the Netherlands, the EU Directive was transposed into domestic law through an amendment to the Media Act in October 2020. According to Art. 2.115 of the Act, at least 30% of the on-demand audiovisual media content provided by each distribution channel must consist of European works, as defined in Art. 1 of the EU Directive. Additionally, Malta has not implemented financial contribution obligations for VOD service providers.
Subsequently, investment obligations for Dutch cultural audiovisual products were introduced through an October 2023 amendment to the Media Act. Under Art. 3.29e, media institutions offering on-demand commercial media services must invest 5% of their relevant annual turnover into Dutch cultural audiovisual productions. The relevant turnover includes revenue from advertising, subscriptions, user transactions, sponsorship, and product placement in the Netherlands. However, this obligation applies only if the institution’s annual turnover exceeds EUR 10 million. The Media Authority may grant exemptions if enforcing the obligation is impractical or unjustified, considering factors such as the nature of the service or innovative formats, with further exemption rules subject to ministerial approval.

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.