Dutch FDI Screening Set to Expand to Six New Sensitive Technology Categories
The Netherlands proposes to significantly expand its foreign investment screening regime on January 1, 2027, by adding six "highly sensitive" technology categories—including biotechnology, AI, and nanotechnology—to its foreign direct investment ("FDI") screening framework. This will potentially bring more than 1,000 additional companies within the scope of mandatory notification obligations.
On June 9, 2026, a draft decree ("Amending Decree") amending the Decree on the Scope of Application of Sensitive Technology (Besluit toepassingsbereik sensitieve technologie; "Decree") was submitted to the Dutch House of Representatives and the Dutch Senate. 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"). The Decree further specifies which sensitive technologies trigger mandatory notification obligations.
The FDI Act, in force since June 2023, establishes a general mechanism for screening investments, mergers, and acquisitions that may pose risks to Dutch national security. It covers acquisition activities involving vital providers, operators of business campuses, and companies active in sensitive technology. The FDI Act addresses several risk factors to be assessed, including the disruption of the continuity of vital processes, the compromise of the integrity and exclusivity of knowledge and information with critical or strategic significance for the Netherlands, and the emergence of unwanted strategic dependencies on other countries.
Under the FDI Act, sensitive technology encompasses both goods that fall under the EU Dual-Use Regulation and military goods. The Decree lists four further categories of sensitive technology: quantum technology, photonics, semiconductor technology, and high-assurance products.
The Amending Decree responds to the reality that emerging technologies develop faster than multilateral export control regimes can accommodate, leaving gaps in the FDI Act's protective scope.
The Amending Decree therefore adds six new "highly sensitive" technology categories: (i) biotechnology; (ii) artificial intelligence; (iii) advanced materials; (iv) nanotechnology; (v) sensor and navigation technology; and (vi) nuclear technology for medical use. These are defined with specific subcategories in the Amending Decree. All six categories are classified as "highly sensitive." This means that notification is already required upon obtaining or increasing "significant influence," generally defined as the possibility of exercising at least 10% of the voting rights at the target company's general meeting. This is a lower threshold than the FDI Act's common threshold of acquiring "control."
Over the past few years, FDI screening has become an essential element in any transaction planning in the Netherlands. This expansion significantly broadens Dutch FDI screening, potentially bringing an estimated 1,000–1,700 additional companies within scope. After parliamentary review, the Amending Decree will be referred to the Council of State for advisory review before final adoption. The Amending Decree is intended to enter into force on January 1, 2027.
Companies should therefore start assessing whether their activities, or those of potential target companies, fall within the new sensitive-technology categories. Furthermore, they should prepare for potential notification obligations in case of in-scope transactions that are expected to run past the Amending Decree's effective date.
