Possible expansion of the scope of the Vifo Act

On 19 December 2024, the Dutch government opened the
internet consultation for the legislative proposal on expanding the scope of the of the Investment, Mergers, and Acquisitions Security Act (Wet veiligheidstoets, investeringen, fusies en overnames, also referred to as “Vifo Act”). The Dutch government intends to expand the number of technologies for which an investment screening is required.

The Vifo Act requires notification from the potential acquirer or target companies that are active in vital processes, sensitive technology, and business campuses. “Sensitive technology” currently includes semiconductors, photonics, quantum, high assurance products and the dual-use / military goods. The Dutch government intends to expand this category with biotechnology, artificial intelligence (AI), nanotechnology and advanced materials, sensor and navigation technology and nuclear technology with medical use.

As preparation for the internet consultation, both the Ministry of Economic Affairs and the Netherlands Organization for Applied Scientific Research (TNO) has conducted research into the sensitivity of technologies. Various experts from the business community have been involved to define the boundaries and risks of these technologies. It is expected that an additional 1,015 to 1,730 companies based in The Netherlands would fall within the scope of the Vifo Act as a result for the expansion of the sensitive technologies category.

The internet consultation for the extension of the Vifo Act will take place through 31 January 2025. The reactions to the consultation will then be discussed in the Dutch Senate and House of Representatives and the Dutch Council of State. Advice has also been requested from the Dutch Advisory Board for Regulatory Burden Assessment (Adviescollege Toetsing Regeldruk, ATR).

Please find more information on the Vifo Act and the current scope of the “Sensitive technology” here. If you have any questions or require further assistance in compliance with the Vifo Act, please contact Friederike Henke, Susanna Tang or any of the other BUREN specialists of our Corporate department.