NETHERLANDS Trends and Developments Contributed by: Herald Jongen, Radboud Ribbert, Nienke Bernard and Wouter van Wengen, Greenberg Traurig, LLP
Introduction In the Netherlands, both the public and private sector have a positive outlook on technology. In addition, adaptation of technology in society is high, especially compared to other EU countries. Cloud and AI are embraced, but of course with caution and an open eye for the risks. However, in general, such risks are deemed to be low and acceptable. This differs from a number of other EU countries. TMT trends and developments in the Nether - lands for 2025 are influenced by many factors, including EU legislation that recently came into force such as the EU AI Act and the Digital Ser - vices Act. In addition, the Dutch elections in 2024 resulted in a new cabinet that was sworn in on 2 July. At the end of 2024, an intended decision of the cabinet to increase VAT from 9 to 21% on certain media was successfully blocked by the opposition. Of course, advancement in technology will remain the biggest driver for trends and devel - opments. This article discusses the latest TMT trends regarding competition law, the various inbound legislations on the use of data, a final update on the 5G frequency auctions, and important devel - opments in light of personal data protection and TMT-related taxes from tax expert Wesley Bol - dewijn. The Dutch Government Sold Frequencies Available for 5G Through an Auction After a two-year delay, the Dutch government has made frequencies available for 5G through an auction. On 1 July 2024, Minister Micky Adriaansens (Economic Affairs and Climate) announced that three companies ‒ KPN, Odido and VodafoneZiggo ‒ had won the Dutch auction
for 5G network frequencies. These companies were able to start using the newly acquired fre - quencies in the 3.5 GHz band from July 2024, allowing them to offer high-speed mobile com - munication to businesses and consumers. The auction, which began on 25 June 2024, raised EUR174.4 million, and the licences are valid until 31 December 2040. Each company was limited to acquiring up to 40% of the available frequen - cies to ensure competition in the telecoms mar - ket. Additionally, 2x50 MHz of the 3.5 GHz band remains available for private, local 5G networks, which businesses and organisations can use for applications like virtual reality and autonomous devices. This space is not part of the auction and can be directly applied for. The auction results also ensure high-quality mobile coverage, with a 98% coverage require - ment for all Dutch municipalities and speed standards for network edges. This will enable an average mobile internet speed of over 100 Mbps, with speeds up to 2 Gbps near antennas. The Dutch government also continues to moni - tor health concerns related to mobile commu - nication technologies, ensuring that exposure limits are strictly followed and that research from trusted health organisations supports cur - rent policies. Increasing Merger Control in the Telecommunications Sector Since June 2023, the broad Dutch Investment Review Act ( Wet Vifo ) (the “Vifo Act” or the “Act”) has been in effect in the Netherlands. The Act introduced a new foreign investment review framework under Dutch law, in addition to the ones set out in sector-specific legislation, such as in the Dutch Telecommunications Act
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