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On 27 September 2018, the Dutch Authority for Consumers and Markets (ACM) adopted the market analysis decision on Wholesale Fixed Access (WFA). Under the Decision, Dutch telecommunications providers KPN and VodafoneZiggo must grant competitors access to their fixed telecommunications networks in order to mitigate the potential effects of their collective significant market power (Article 14(2) Directive 2002/21/EC - SMP). The Decision is effective as of 1 October 2018. Prior to the Decision of 27 September 2018, the ACM’s market analysis decision of 17 December 2015 already imposed the obligation...

In July 2018, the Dutch Media Authority (CvdM) and the Netherlands Authority for Consumers and Markets (ACM) published a joint study on digitization and fake news. The ACM and CvdM both monitor the media. The ACM ensures that consumers are well informed and fights unfair competition, and the CvdM’s primary task is to protect the freedom of information by ensuring pluralism, accessibility and the independence of the Dutch media. The study was prompted by the rapidly changing media landscape and the increasing number of possibilities to disseminate fake news. Combining their expertise, the two organisations...

On 15 August 2018, the District Court of Amsterdam ruled that BNNVARA, a Dutch broadcasting association, had not acted unlawfully by broadcasting on its website a secretly taped conversation with a Dutch member of parliament (MP) of the political party called DENK. The conversation took place in a private meeting room of the party. The recording related to a political election campaign banner (which the party was contemplating publishing on the Internet) containing a provocative message in the name of another Dutch political party the Party for Freedom (Partij voor de Vrijheid): “After 15 March...

On 25 July 2018, Amsterdam District Court ruled that both a Twitter user and GeenStijl, a popular Dutch website (see IRIS 2016-9/3), acted unlawfully by disseminating, without her consent, sexually explicit (video) material of a well-known Dutch TV personality and singer. The content, which had been made in private by the claimant, had, for unclear reasons, appeared and circulated on the messaging service WhatsApp. The Twitter user had subsequently posted a tweet that contained the content, accompanied by a hashtag with the name of the claimant. GeenStijl, for a short period of time, referred to...

On 12 April 2018, the Dutch legislature published a proposal for an amendment of the 2003 Act on the Supervision of Collective Management Organisations of Authors’ Rights and Neighbouring Rights (Wet toezicht collectieve beheersorganisaties auteurs- en naburige rechten). The main aim of the amendment is to increase the effectiveness of the supervision of the collective management organisations and to change the funding system for that supervision. Collective management of authors’ rights and neighbouring rights in the Netherlands is carried out by collective management organisations and independent...