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.

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.

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.

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.

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.