Dutch FDI Screening Expands to Six New Technologies on January 1, 2027
The Netherlands has formally adopted the expansion of its foreign direct investment ("FDI") screening framework to cover six "highly sensitive" technology categories, including biotechnology, AI, and nanotechnology. The expansion enters into force on January 1, 2027. From that date, acquiring or increasing "significant influence" in companies active in these technologies will trigger a mandatory notification obligation.
On October 28, 2026, the Dutch government adopted the decree ("Amending Decree") that amends the Decree on the Scope of Application of Sensitive Technology (Besluit toepassingsbereik sensitieve technologie; "Decree"). The Decree is part of the legal framework of the Investments, Mergers, and Acquisitions (Security Screening) Act (Wet veiligheidstoets investeringen, fusies en overnames; "FDI Act") and enters into force on January 1, 2027. We previously discussed the draft version of the Amending Decree in our Alert of June 2026.
Under the FDI Act, sensitive technology covers dual-use items and military goods. The Decree added four further technology categories. The Amending Decree now adds six more categories, all classified as "highly sensitive":
- Biotechnology;
- Artificial intelligence;
- Advanced materials;
- Nanotechnology;
- Sensor and navigation technology; and
- Nuclear technology for medical use.
Most of the technologies that the Amending Decree now brings into the scope of the FDI Act are outside the minimum scope that the revised EU FDI regulation requires; that regulation permits Member States to go beyond its minimum scope (see our July 2026 Commentary). The categories are further defined in the Amending Decree. In addition, the Amending Decree elevates from "sensitive" to "highly sensitive" certain dual-use technologies relating to information security and laser-satellite communication that were already covered under the FDI Act.
For all these categories, notification is required upon obtaining or increasing "significant influence"—defined generally as the possibility of exercising at least 10% of the voting rights—rather than only upon acquiring "control," which is the FDI Act's common threshold.
As now adopted, the Amending Decree has not undergone any significant changes compared to the draft version. For a further discussion of the content and context of the Amending Decree, please refer to our June 2026 Alert cited above.
Companies should now assess whether their activities, or those of potential target companies, fall within the scope of the Amending Decree. For pending transactions that may not be completed before January 1, 2027, companies should factor potential notification obligations into the transaction timeline.
