POLAND
Since May 2001
Since 2007
Since 2007
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC
Act on Copyright and Related Rights (Ustawa o prawie autorskim i prawach pokrewnych)
Act on Copyright and Related Rights (Ustawa o prawie autorskim i prawach pokrewnych)
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.
The Act on Copyright and Related Rights establishes a series of copyright exceptions, including copies for private use, incidental reproduction, news reporting, critique and analysis and pedagogical use.
The Act on Copyright and Related Rights establishes a series of copyright exceptions, including copies for private use, incidental reproduction, news reporting, critique and analysis and pedagogical use.
Coverage Horizontal
Horizontal
Horizontal
NETHERLANDS
Since June 2014
Since March 2017, last amended in May 2022
Since March 2017, last amended in May 2022
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Consumer Protection Enforcement Act (Wet handhaving consumentenbescherming)
Consumer Protection Enforcement Act (Wet handhaving consumentenbescherming)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Enforcement Act.
Coverage Horizontal
NETHERLANDS
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
The Netherlands has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
NETHERLANDS
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
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.
Coverage Horizontal
NETHERLANDS
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
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 Signatures.
Coverage Horizontal
NETHERLANDS
Since March 2010, entry into force in May 2010, last amended in 2018
Since January 2009, as amended in October 2020 and in November 2023
Since January 2009, as amended in October 2020 and in November 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Media Act (2008) (Mediawet (2008))
Media Act (2008) (Mediawet (2008))
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.
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.
Coverage On-demand audiovisual service
Sources
- https://web.archive.org/web/20221107114712/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://web.archive.org/web/20231002184356/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20220331224154/https://www.create.ac.uk/cdsm-implementation-resource-page/
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
- https://www.eerstekamer.nl/behandeling/20231108/publicatie_wet/document3/f=/vm7zci6178z3.pdf
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NETHERLANDS
Since July 2000
Since Nocember 1991, entry into force in January 1992, as amended in May 2004
Since Nocember 1991, entry into force in January 1992, as amended in May 2004
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Civil Code (Burgerlijk Wetboek Boek 6)
Civil Code (Burgerlijk Wetboek Boek 6)
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 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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20240329085723/https://wetten.overheid.nl/BWBR0005289/2022-01-01/
- https://web.archive.org/web/20241212175615/https://uk.practicallaw.thomsonreuters.com/w-006-9683?transitionType=Default&contextData=(sc.Default)&firstPage=true
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
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NETHERLANDS
Since July 2000
Since Nocember 1991, entry into force in January 1992, as amended in May 2004
Since Nocember 1991, entry into force in January 1992, as amended in May 2004
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Civil Code (Burgerlijk Wetboek Boek 6)
Civil Code (Burgerlijk Wetboek Boek 6)
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 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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20240329085723/https://wetten.overheid.nl/BWBR0005289/2022-01-01/
- https://web.archive.org/web/20241212175615/https://uk.practicallaw.thomsonreuters.com/w-006-9683?transitionType=Default&contextData=(sc.Default)&firstPage=true
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
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NETHERLANDS
Since April 2019
Since December 2020
Since December 2020
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC
Copyright Directive Implementation Act (Implementatiewet richtlijn auteursrecht)
Copyright Directive Implementation Act (Implementatiewet richtlijn auteursrecht)
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.
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.
Coverage Online content sharing service
Sources
- https://web.archive.org/web/20240503010947/https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1571326093909&uri=CELEX:32019L0790
- https://web.archive.org/web/20220121081936/https://zoek.officielebekendmakingen.nl/stb-2020-558.html
- https://web.archive.org/web/20230922021725/https://www.create.ac.uk/cdsm-implementation-resource-page/
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NETHERLANDS
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
The Netherlands does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
NETHERLANDS
Since April 2013
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
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.
Coverage Telecommunications sector
NETHERLANDS
Since April 1995
Pillar Cross-border data policies |
Sub-pillar Local storage requirement
Public Records Act (Archiefwet)
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.
Coverage Public sector
Sources
- https://web.archive.org/web/20221028101556/https://www.nationaalarchief.nl/sites/default/files/field-file/Netherlands%20Public%20Records%20Act%201995.pdf
- https://web.archive.org/web/20221126101654/https://www.rijksoverheid.nl/onderwerpen/archieven/archieven-van-de-overheid
- https://web.archive.org/web/20221216080350/https://www.nationaalarchief.nl/archiveren/kennisbank/wet-en-regelgeving#collapse-3786
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NETHERLANDS
Since April 2016, entry into force in May 2018
Since May 2018
Since May 2018
Pillar Domestic data policies |
Sub-pillar Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
General Data Protection Regulation Implementation Act (2018) (Uitvoeringswet Algemene verordening gegevensbescherming)
General Data Protection Regulation Implementation Act (2018) (Uitvoeringswet Algemene verordening gegevensbescherming)
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250128195041/https://eur-lex.europa.eu/eli/reg/2016/679/oj/eng
- https://web.archive.org/web/20250128220408/https://zoek.officielebekendmakingen.nl/stb-2018-144.html
- https://web.archive.org/web/20250128220418/https://www.dataguidance.com/sites/default/files/dutch_general_general_data_protection_regulation_implemention_act.pdf
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NETHERLANDS
Since June 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Investments, Mergers, and Acquisitions Security Screening Act (Vifo Act) (Wet veiligheidstoets investeringen, fusies en overnames" (Wet Vifo))
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.
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.
Coverage Critical sectors
Sources
- https://web.archive.org/web/20230712032527/https://zoek.officielebekendmakingen.nl/stcrt-2023-14762.html
- https://web.archive.org/web/20240615193118/https://investmentpolicy.unctad.org/investment-policy-monitor/151/netherlands
- https://web.archive.org/web/20241212174931/https://www.lexology.com/library/detail.aspx?g=1e998404-ddb8-426f-ad93-e6aba600ab5f
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NETHERLANDS
Since April 1995
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Patents Act (1995) (Rijksoctrooiwet 1995)
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221126124339/https://wetten.overheid.nl/BWBR0007118/2021-08-01
- https://web.archive.org/web/20220401075514/https://english.rvo.nl/information/patents-intellectual-property/how-to-apply-for-patent/netherlands/patent-attorney
- https://web.archive.org/web/20221201075314/https://business.gov.nl/regulation/registration-patent-attorneys/
- https://web.archive.org/web/20241212175338/https://uk.practicallaw.thomsonreuters.com/7-621-9211?transitionType=Default&contextData=(sc.Default)&firstPage=true
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