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).

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.

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).

According to Art. 4 of the Public Procurement Act, tenderers may be asked to submit a 'declaration of conduct', which provides evidence that there are no legal objections to an entrepreneur bidding for a tender (for instance, because of criminal proceedings). Foreign firms are ineligible to apply for a Dutch declaration of conduct, but an equivalent declaration from the country in which the tenderer is based is sufficient. In the absence of this document, it may be replaced by a sworn statement. It is reported that the process of gaining a type of 'declaration of conduct' can be burdensome for both domestic and foreign firms.

It has been reported that local representation is a de facto requirement in public procurement procedures.

It is reported that there are no specific restrictions on foreign ownership or control and no sectoral limitations. The country conducts a general review of foreign investments, similar to that applied to domestic investments.

In 2020, the Ministerial Decree regarding Unwanted Control Telecommunication was passed. Parties that intend to acquire a controlling interest through an investment in a Dutch telecommunications company are obliged to notify the Minister of Economic Affairs and Climate. A transaction can lead to a controlling interest when: 1) the investing party obtains a 30% share of the stakeholders’ voting rights, 2) the investing party can appoint/dismiss more than 50% of the company's board, 3) the investing party obtains at least one share with special statutory rights regarding the control of the company, 4) the assets become part of the telecom branch of the buyer.
If the minister finds that the predominant control of the party may lead to a threat to the public interest (for instance, when there is a strong presumption that the party aims to cause intentional failure of the telecommunications system), they can prohibit the investment. If the investor is able to take measures that remove the minister’s objections, the investment can continue. The notification requirement applies regardless of the nationality of the acquirer or acquirers.

The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Electronic Commerce Act.

Malta has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

Malta has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

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

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 Malta, the EU Directive was transposed into domestic law through the amendment of the Broadcasting Act of December 2020 (Act No. LVI of 2020). According to Art. 16N of the Act, providers of on-demand audiovisual media services must ensure that their catalogues contain at least 30% European works and that they are prominently displayed. Additionally, Malta has not implemented financial contribution obligations for VOD service providers.