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On 5 April 2024, the Autoriteit Persoonsgegevens (Dutch Data Protection Authority) (AP) adopted notable new guidance for Dutch political parties in relation to privacy rules during election campaigns, in the context of upcoming elections to the European Parliament, taking place in June 2024. Notably, the Guidance states that the AP asks political parties to “take note of” and conduct campaigns “as much as possible” in accordance with, and “in the spirit of”, the EU Regulation on the transparency and targeting of political advertising, which will generally only...

On 28 March 2024, the Stichting Nederlandse Publieke Omroep (Dutch Public Broadcasting Foundation – NPO) issued a significant decision, withdrawing two fines previously imposed on the broadcaster Ongehoord Nederland. This follows a high-profile decision by the Secretary of State for Culture and Media in December 2023, refusing the NPO’s request to withdraw the recognition of Ongehoord Nederland as a public broadcaster (see IRIS 2024-3/13). The two fines had been imposed on the broadcaster for “systematic violation” of the NPO Journalistic Code, and for a “lack of cooperation”...

On 21 March 2024, the Autoriteit Consument en Markt (the Netherlands Authority for Consumers and Markets – ACM) issued a significant decision, granting an acquisition licence for Dutch telecom provider KPN to acquire rival telecom provider Youfone Nederland. This followed a decision by the ACM in September 2023 that the acquisition needed “further investigation”, as the acquisition “could result in a loss of significant competitive pressure” in the budget segment of the market for mobile telecommunication services, and “could lead to higher prices or a reduced...

On 19 December 2023, the newly appointed Secretary of State for Culture and Media issued a high-profile final decision, refusing a request by the Stichting Nederlandse Publieke Omroep (Dutch Public Broadcasting Foundation - NPO) to withdraw the recognition of the broadcaster Ongehoord Nederland (ON!) as a public broadcaster. This follows the previous Secretary of State for Culture and Media issuing a provisional decision in November 2023, also refusing the NPO’s request to withdraw the recognition of Ongehoord Nederland as a public broadcaster (see IRIS 2024-1/16). The notable procedure...

On 11 February 2024, the Minister for Economic Affairs issued an important Ministerial Decision, “provisionally” designating the Autoriteit Consument & Markt (Netherlands Authority for Consumers and Markets – ACM) as the national Digital Services Coordinator in the Netherlands under the EU landmark Digital Services Act (DSA) (see, for example, IRIS 2023-3/18 and IRIS 2023-5/2). Notably, the Dutch government published the Digital Services Act Implementation Bill in July 2023, which included provisions designating the ACM as the Digital Services Coordinator and designating...