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On 25 October 2023, the Commissariaat voor de Media (Dutch Media Authority – CvdM) published updated guidance for video influencers in the Netherlands. Notably, this resulted from recent discussions by the CvdM with video influencers who fall under its supervision, but “who do not yet sufficiently comply” with the 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 an earlier supervisory investigation into video-uploader compliance in May 2023, with the CvdM noting that...

On 14 September 2023, the Autoriteit Consument en Markt (the Netherlands Authority for Consumer and Markets) (ACM) issued a notable decision that the Dutch telecom provider KPN is not yet permitted to acquire rival telecom provider Youfone Nederland, as the acquisition needs “further investigation”. KPN’s services consist of offering electronic communications services via its fixed and mobile networks, including telephony, data, internet, and television services; while Youfone Nederland is a mobile network operator that uses KPN’s network, and offers mobile telecommunications...

On 11 July 2023, the Dutch Senate (Eerste Kamer) adopted a bill on the criminalisation of obtaining, distributing or otherwise making available personal data for the purpose of intimidation (strafbaarstelling gebruik persoonsgegevens voor intimiderende doeleinden), an activity known as “doxing”. This is where personal data, such as addresses and phone numbers, as well as private information about family members, is distributed online so that it can be used to intimidate someone, and journalists are often victims. Notably, recent Dutch government measures introduced to protect the safety...

The Digital Services Act Implementation Bill was published on 14 July 2023. It provides for the national implementation in the Netherlands of the EU’s landmark Digital Services Act (DSA), which entered into force in late 2022 (see, for example, IRIS 2023-3:1/18 and IRIS 2023-5:1/2). Crucially, the Bill designates the Autoriteit Consument & Markt (Netherlands Authority for Consumers and Markets – ACM) as the national Digital Services Coordinator in the Netherlands under the DSA. In addition, the bill designates the Autoriteit Persoonsgegevens (Dutch Data Protection Authority –...

On 12 July 2023, the Board of Directors of the Stichting Nederlandse Publieke Omroep (Dutch Public Broadcasting Foundation – NPO) issued a high-profile decision, upholding a financial sanction imposed on the Dutch broadcaster Ongehoord Nederland (ON). This follows a formal request made by the NPO’s Board of Directors in April 2023 asking the Secretary of State for Culture and Media to withdraw the provisional recognition of the broadcaster ON, having already imposed three separate fines on the broadcaster, including a EUR 131 000 fine in April 2023 for “systemic violation”...