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On 17 May 2024, the Autoriteit Consument en Markt (Netherlands Authority for Consumer and Markets - ACM) issued an important decision that the planned acquisition by DPG Media (DPG) of rival media company RTL Nederland (RTL) is to be the subject of an investigation. DPG publishes various Dutch newspapers, magazines, owns general news websites in the Netherlands, and is active on the Dutch radio market with national radio stations. RTL has several commercial television channels, offers streaming services, and offers general news online through its website. Notably, the ACM stated it foresees...

On 1 May 2024, the Openbaar Ministerie (Netherlands Public Prosecution Service) adopted significant new rules in relation to criminal proceedings that may involve journalists. Notably, the new rules require that where there is surveillance, or surreptitious recording, of communication targeting suspects, and where journalists may also be present, an examining magistrate must give prior permission to record the communications. The new rules were adopted following a well-known recent controversy in the Netherlands, where during a criminal investigation, conversations between suspects were recorded,...

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...