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On 9 May 2023, the Commissariaat voor de Media (Dutch Media Authority ) - CvdM) announced the results of a notable supervisory investigation into video-uploader compliance in the Netherlands, with rules under the Mediawet (Media Act) transposing the revised EU Audiovisual Media Services Directive (AVMSD) (see IRIS 2019-1/3 and IRIS 2021-1/24). This follows a high-profile announcement in May 2022 that the CvdM would be monitoring video-uploaders under its new Policy Rule for the qualification of commercial on-demand services in 2022, which clarified which video-uploaders must register with the Media...

On 17 April 2023, the Dutch Media Authority (Commissariaat voor de Media) rejected a high-profile request from the Board of Directors of the Dutch Public Broadcasting Foundation (Stichting Nederlandse Publieke Omroep – NPO) to take enforcement action against the broadcaster Ongehoord Nederland. This came after the NPO had imposed three separate fines on the broadcaster, including a EUR 131 000 fine in April 2023 for “systemic violation” of the NPO Journalistic Code in relation to the broadcaster’s news programme; a EUR 84 000 fine in July 2022 for an earlier systematic violation...

On 21 March 2023, the Dutch Minister for Digitalisation (Staatssecretaris Koninkrijksrelaties en Digitalisering) announced two important policy measures regarding the use of apps carrying a heightened risk of espionage on government mobile devices. The new policy is based on the results of an investigation performed by the General Intelligence and Security Service (Algemene Inlichtingen- en Veiligheidsdienst, AIVD) in response to international developments and parliamentary questions submitted in February 2023 (IRIS 2023-4). In particular, on 20 February 2023, the European Commission and the EU...

On 27 March 2023, the Samenwerkingsplatform Digitale Toezichthouders (Digital Supervisory Cooperation Platform — SDT), which is comprised of four major Dutch regulatory authorities, published its first regulatory guidance principles, in relation to online child marketing, and on ensuring effective online transparency. The SDT also announced that it had established a new regulatory Chamber to coordinate supervision under the EU’s recently enacted Digital Services Act. The SDT is an important regulatory cooperation platform established by the Autoriteit Consument & Markt (Netherlands...

On 3 March 2023, the Autoriteit Consument en Markt (Netherlands Authority for Consumer and Markets — ACM) announced a significant decision, prohibiting RTL’s proposed acquisition of Talpa (see IRIS 2022-3/18). RTL Nederland is a television broadcaster, content producer, and provider of video on-demand services; while Talpa Network is a radio and television broadcaster, operator of various online platforms, and publisher of magazines and games. The ACM decided to prohibit the acquisition, because otherwise “too powerful a party would arise in the Dutch media landscape”. According...