News item | 29-12-2023 | 10:30
The rules for online consumer protection are being tightened, the list of sustainable investments eligible for the energy investment deduction is being amended and the annual determination of the amounts for cooperative energy generation is being made. These are some of the most important changes to rules and laws in the field of Economic Affairs and Climate that will come into effect at the beginning of 2024.
DSA: responsibility and liability of commonly used digital services
Better protection of fundamental rights, tackling online deception and inadequate information, a level playing field for companies and making digital trade easier. These are the goals of the new Digital Services Act (DSA), which will apply from February 17, 2024 to commonly used online marketplaces, social networks, search engines, cloud providers, online travel and accommodation platforms, internet service providers and content sharing platforms such as video platforms. For example, online marketplaces must obtain and publish more information about the companies (traders) on their platform.
Digital services must also explain the rules for deleting information or user accounts in more detail to users, among other things. The DSA prohibits online platforms from further personalizing advertisements based on, for example, religious beliefs or sexual orientation. Minors will also soon be extra protected against personalized advertisements. This should help ensure that they do not see inappropriate advertising.
DMA: fair competition and better consumer protection for the largest digital platforms
From March 6, 2024, six well-known digital platforms must comply with the new Digital Markets Act (DMA) with a total of 22 of their services. This concerns Alphabet (including Google Search, YouTube), Amazon, Apple (including Appstore), ByteDance (TikTok), Meta (including Facebook, WhatsApp) and Microsoft (including Windows, LinkedIn) that have been designated. The DMA protects consumers and entrepreneurs, ensures more competition and freedom of choice in digital markets and regulates better supervision, for example, of mergers and acquisitions.
The Netherlands has been one of the driving forces behind these new European competition rules. The DMA will soon allow users of these platforms to send individual messages from one messaging service to another. App developers should also no longer be forced to use the payment system of app stores and platforms may not favor their own products or services, for example by putting them at the top of the search results. The DMA also regulates the option to transfer your own data from one platform to another platform and the option to remove pre-installed apps. Furthermore, there will be a broader reporting obligation to assess mergers and acquisitions in the digital economy.
For example, setting up online
There are more than 400,000 companies in the Netherlands that have a private limited company (BV) as their legal form. A new BV is possible from January 1, 2024 are also being established online for the first time, without an entrepreneur having to physically go to a notary’s office. The notary draws up a deed that is discussed with the entrepreneur via video calling and where the entrepreneur identifies himself with a digital means of identification. The deed can then also be signed online. A notary may refuse to do the incorporation online. For example, if there is a suspicion of identity fraud or doubt as to whether an applicant can make independent decisions.
environmental code
The Environmental Act will come into effect on January 1, 2024. This law bundles a large number of laws, rules and regulations regarding the physical environment into one law. In addition, the law provides a single digital counter for applying for permits and starting projects. The law also has consequences for entrepreneurs and their activities (such as business premises, industrial estates) and for the energy transition and infrastructure. More information about the law can be found via the Ministry of the Interior and Kingdom Relations.
Subsidy for insulation and heat pumps adjusted
The Sustainable Energy and Energy Saving Investment Subsidy (ISDE scheme) will change as of January 1. Homeowners can again apply for a subsidy under the ISDE scheme next year to make their home more sustainable, such as insulation or a heat pump. The subsidy amounts for insulation with biobased materials, such as wood and hemp fiber, have been increased. In addition, it will be easier to apply for a subsidy for the insulation of monumental buildings.
Provisional correction amounts for the cooperative energy generation subsidy scheme (SCE)
With the Subsidy scheme for Cooperative Energy Generation (SCE), an energy cooperative or owners’ association (VvE) may be eligible for a subsidy on renewable (sustainable) electricity from solar energy, wind energy or hydropower. The subsidy is the difference between a basic amount (the cost price for the production of renewable electricity) and a correction amount in which the electricity price is included. As of January 1, the provisional correction amounts for 2024 will be adjusted to include the development of electricity prices in the amount of the subsidy.
Determination of Energy List 2024
The Energy list 2024 determines which sustainable investments are eligible for the Energy investment deduction (EIA) in 2024. The most important change compared to 2023 is that many investments that pay for themselves in a period of less than 5 years have been removed from the Energy List. The energy saving obligation already obliges companies to make such investments. The EIA no longer has an incentive effect for this. For example, solar panels with a capacity greater than 55 kiloWatts are no longer eligible due to the (average) payback period.