News item | 18-03-2025 | 16:45
On March 18, the Senate agreed to a law that makes more forms of espionage punishable, such as digital espionage and diaspora spionage. This gives the Criminal Code a new penalty provision. With the law, the Netherlands wants to better protect our national security, the safety of people, vital infrastructure and high -quality technologies.
Minister of Justice and Security David van Weel: “Unfortunately, as a country, Spionage is the order of the day. As a country, we have to increase our resilience against attacks and threats from other countries. With this law we better protect the Netherlands against newer forms of espionage. We also give an important signal: we do not accept it and spy activities are punished in this year that the law is in effect that the law is in effect occurs. “
More options for criminalization
There was already legislation that criminalizes classical espionage, such as sharing state secrets. But change forms and use of espionage. It is now also punishable if a person leaks sensitive information that is not state secret, or if someone performs actions for a foreign government in which Dutch interests are seriously damaged. Such as sharing sensitive company information that another country can abuse, or passing on personal data to foreign governments.
Persons who carry out espionage activities for a foreign government can get a maximum prison sentence of eight years. In very serious situations a maximum prison sentence of 12 years applies. That is, for example, if espionage activities result in death. Due to the rise of digital espionage, computer crimes can also be punished more heavily if they are committed for a foreign government. The criminal maxim is also increased by a number of other criminal offenses that go together with espionage activities and are committed for foreign governments, such as bribery.
Interested in more than state secrets
Spionage is still focusing on state secrets. But foreign governments are also interested in non-state secret, sensitive information about a certain economic sector or communication on political decision-making. Such information can be used to influence political processes, to weaken the Dutch economy or play allies against each other. Spionage can also concern other actions than sharing information. Consider stealing high -tech knowledge, sabotage of vital infrastructure, having political decision -making influence or endangering Dutch people with a migration background.
Guarantee
The Netherlands is an open society within which contact with foreign governments, companies, scientists and between citizens is possible and must remain possible. Contact, collaboration or exchanging information with foreign governments is not just punishable. There are only espionage activities when people perform behaviors for foreign governments that harm to compelling Dutch interests and if the person who cooperates in this is aware that he joins those interests and aims or increases this.