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ARTICLE · 20 FEBRUARY 2025

Stricter Oversight Of FDI In Tech

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Heightened scrutiny of foreign direct investments (FDI) in companies is an increasing trend at both national and European levels.

NetherlandsGovernment, Public Sector
Friederike Henke
Friederike Henke
Susanna Tang
Susanna Tang
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Heightened scrutiny of foreign direct investments (FDI) in companies is an increasing trend at both national and European levels. It is essential for the General Counsel to be aware of these developments and to potentially adjust their approach to investments and transactions accordingly.

FDI in the Netherlands

The Investments, Mergers and Acquisitions Security Act (Wet veiligheidstoets, investeringen, fusies en overnames, Vifo Act) came into force in the Netherlands on 1 June 2023. Under this legislation, both the acquirer and the target company must notify the Bureau for Investment Screening (Bureau Toetsing Investeringen, BTI) in advance when investments involve businesses that are vital service providers, operators of corporate campuses, or active in the field of sensitive technology. If such an investment results in a change of control or significant influence over the target, it will be assessed for potential risks to national security.

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