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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...

On 15 February 2023, an important debate of the Parliamentary Standing Committee for Digital Affairs on data-ethics was held, where various Dutch MPs expressed their concerns about the use of TikTok on government mobile devices. It was not the first time that the government use of TikTok has been a topic of discussion in Dutch politics. The Committee debate followed previous advice from the Public Information and Communications Service of the Ministry of General Affairs in September 2022 "to suspend the use of TikTok at the central government level until TikTok has adjusted its data protection...

On 1 February 2023, the new Code voor Duurzaamheidsreclame (Code for Sustainability Advertising) came into effect, having been published by the Stichting Reclame Code (Dutch Advertising Code Foundation — SRC), the self-regulatory body for advertising, including broadcast advertising, in the Netherlands (see IRIS 2022-2/15). The new Code replaces the Milieu Reclame Code (Environmental Advertising Code) which related only to environmental claims, and now applies to both environmental claims and ethical claims, such as claims related to working conditions, animal welfare or corporate social...