The Dutch government plans to expand its foreign investment screening regime from 1 January 2027 by adding six categories of highly sensitive technologies, signalling broader scrutiny of transactions affecting national security.

On 8 June 2026, the Dutch government announced plans to expand the list of highly sensitive technologies under the Vifo Act. In force since 2023, the Act allows the government to review investments, mergers and acquisitions that may pose risks to national security. The regime applies to transactions involving vital providers, business campus operators and companies active in designated sensitive technologies. To date, the regime has covered defence-related activities, dual-use items and, within the category of highly sensitive technologies, photonics, semiconductors, quantum technologies and high assurance products. The expansion reflects growing geopolitical concern about the strategic importance of emerging technologies and the risk of foreign influence through investment in high-tech sectors.

Proposed expansion of scope

First proposed in December 2024, the amendment would bring the following activities within the scope of Dutch FDI screening:

• Advanced materials technology, covering the development of materials with enhanced properties compared with conventional materials, including improvements in weight, size, strength or flexibility, or in energy generation, conversion, storage or transfer.
• Artificial intelligence, including systems designed to operate with varying degrees of autonomy and capable of adapting after deployment.
• Biotechnology, involving the application of science and technology to living organisms in order to characterise or modify living or non-living materials for the production of knowledge, goods or services.
• Nanotechnology, covering the deliberate manipulation and control of materials at atomic, molecular and macromolecular scale.
• Sensor and navigation technology, relating to technology that measures quantities and converts them into readable signals, as well as technology used to process those signals further or present them to a human user.
• Nuclear technology for medical use, covering nuclear applications used in patient diagnosis and treatment, including therapeutic and diagnostic nuclides.

BTI enforcement and market practice

The screening mechanism is administered by the Bureau Toetsing Investeringen (BTI), which assesses whether a transaction could give rise to risks to national security. Where concerns are identified, the BTI may impose conditions and, ultimately, prohibit a transaction. In its 2025 annual report, the BTI reports it has received 78 notifications and finalised 76, of which 66 were cleared unconditionally, while eight were withdrawn or found inadmissible. The BTI also issued one fine for gun-jumping, which can reach up to 10% of the turnover of the undertaking concerned.

As the scope of the Vifo Act expands, the BTI is likely to face a heavier caseload. The average overall period for the BTI to review transactions was 42 days, including stop-the-clock requests for information. These figures suggest that, although the BTI has continued to process filings efficiently, a broader jurisdiction is likely to increase the administrative burden on both the authority and deal parties. 

Implications for businesses and investors

The 2025 filing mix illustrates where pressure points are likely to arise: a significant number of cases already concerned dual-use items, military goods and the existing highly sensitive technology categories, including quantum, photonics, semiconductors and high assurance products. Bringing six additional technologies within the category of highly sensitive technologies can therefore be expected to expand the filing perimeter materially and further increase the BTI’s workload.

In practice, the expansion will materially broaden the range of transactions potentially subject to mandatory screening in the Netherlands. Businesses active in these areas – including research-driven businesses, manufacturers and developers – may, for the first time, face notification obligations where an investor acquires 10%, 20% or 25% of the voting rights, or otherwise obtains significant influence. Investors should therefore expect closer scrutiny not only of outright acquisitions, but also of minority investments and governance rights capable of conferring influence.

Because the regime applies to planned investment activities, it may also catch transactions that have been signed before 1 January 2027 but not yet implemented. Assessing at an early stage whether a target's activities fall within the newly designated categories will be key to managing timetable, execution risk and deal certainty.

Looking ahead

The proposed amendment has been submitted to Parliament and will be reviewed by the Council of State (Raad van State). It is expected to enter into force on 1 January 2027. The proposal forms part of a broader shift in the Dutch and EU investment screening landscape. In parallel, a proposal for a defence-specific investment screening regime is expected to receive ministerial approval later this year. At EU level, the revised FDI Screening Regulation is due to apply from the end of 2027, enabling closer coordination between Member States in the review of cross-border investments. For more detail, see our briefing on the revision of the EU FDI Screening Regulation