Vifo Act: Practical Guides

Recently, we published this article about the key elements of the Dutch general foreign direct investment ("FDI") screening mechanism, known as the Investments, Mergers and Acquisitions Security Screening Act (in Dutch: Wet veiligheidstoets investeringen, fusies en overnames, the "Vifo Act"). In this legal update our experts dive a little deeper into the Vifo Act by discussing the practical guides ("the Guides") to the Vifo Act, which the Dutch Agency for Assessment and Investments (Bureau toetsing en investeringen, "BTI") published last month.

The BTI has published three Guides that clarify specific criteria following from the Vifo Act, namely: assets, internal restructuring and being 'active in'. The Guides can be amended and updated from time to time by the BTI based on changing insights, developments in the market or technology, or as a result of changed laws or regulations.