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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”...

On 6 June 2023, the House of Representatives (Tweede Kamer) passed a Bill, which will amend the Media Act (Mediawet) 2008, and require major streaming platforms with an annual turnover in the Netherlands of more than EUR 10 million to invest 5% of that turnover in Dutch productions. The State Secretary for Culture and Media (Staatssecretaris Cultuur en Media) introduced the Bill in July 2022, and originally required major streaming platformswith an annual turnover in the Netherlands of more than EUR 30 million to invest 4.5% of their turnover in Dutch productions (see IRIS 2022-8/16). The Bill...

On 1 July 2023, a new ban on “untargeted” online gambling advertising will come into effect, under the Decree on untargeted advertising of online games of chance. Notably, the new Decree bans online gambling advertising via broadcasting services under the Mediawet (Media Act) , in newspapers, magazines or other printed, publicly available means of communication, and in public spaces. Importantly, however, online gambling licence holders will still be permitted to engage in “targeted” advertising via the Internet or via on-demand media services under the Media Act, where...

On 9 May 2023, the Commissariaat voor de Media (Dutch Media Authority ) - CvdM) announced the results of a notable supervisory investigation into video-uploader compliance in the Netherlands, with 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 a high-profile announcement in May 2022 that the CvdM would be monitoring video-uploaders under its new Policy Rule for the qualification of commercial on-demand services in 2022, which clarified which video-uploaders must register with the Media...