On 8 June 2026, the Dutch government confirmed that the FDI regime will expand as of 1 January 2027 to include the following six additional highly sensitive technology sectors: advanced materials, artificial intelligence, biotechnology, nanotechnology, sensor and navigation technology, and nuclear technology for medical use. This development strengthens screening and has direct implications for transaction planning, governance and compliance from a law and tax perspective.
The Dutch FDI screening regime applies, among other things, to investments in or concentrations involving undertakings active in “highly sensitive technology”. The Decree on the scope of sensitive technology sets out which technologies qualify as highly sensitive. Currently, this includes quantum, photonics, semiconductors and high assurance technology, all of which are designated as highly sensitive, as well as certain categories of dual use items and military goods.
On 8 June 2026, the Dutch government confirmed that an expansion of this scope, first proposed in December 2024, will enter into force on 1 January 2027. From that date, six additional categories will be in scope and will also be classified as highly sensitive: advanced materials, artificial intelligence, biotechnology, nanotechnology, sensor and navigation technology, and nuclear technology for medical use.
This classification has direct legal consequences. For investments in highly sensitive technologies, a notification obligation arises already upon the acquisition of 10 per cent of the voting rights or upon obtaining the right to appoint or dismiss a director. This lower threshold significantly broadens the range of transactions subject to screening. The expansion will not apply retroactively to transactions completed before 1 January 2027.
Background and rationale
The expansion reflects the Dutch government’s ongoing assessment of technological developments and their relevance to national security. Emerging technologies are increasingly central to economic value creation and play a key role in addressing societal challenges. At the same time, governments recognise that control over such technologies is becoming a strategic priority.
Certain technologies may directly affect national security due to their potential use in defence applications or their role in critical infrastructure and supply chains. Risks arise where these capabilities fall into the wrong hands or where reliance on a limited number of suppliers creates strategic dependencies. The amendment also aligns with broader developments at EU level, including the contemplated revision of the EU FDI Regulation.
Scope of the new categories
The six new categories cover a broad range of activities and should be interpreted widely. According to the draft decision and accompanying draft explanatory memorandum these categories cover, in summary, the following.
- Advanced materials include the development of materials with enhanced properties such as strength, flexibility or energy performance, including technologies supporting energy generation, storage and conversion, as well as two dimensional materials and high entropy alloys.
- Artificial intelligence covers AI systems used for identification, analysis and prediction based on data such as images, speech, biometrics or geolocation. This includes applications in recognition, tracking, behavioural analysis and the generation or detection of synthetic content.
- Biotechnology relates to the application of science to living organisms or their components. Relevant areas include gene editing, genomics, stem cell technology and synthetic biology.
- Nanotechnology concerns the manipulation of matter at nanoscale level, including programmable materials and micro or nanoreactor technologies that enable controlled chemical processes.
- Sensor and navigation technology includes the measurement and processing of data for positioning and system control, such as sensor fusion, networked sensors and autonomous navigation systems.
- Nuclear technology for medical use includes the use of isotopes and radiopharmaceuticals in diagnostics and treatment.
Practical implications
For General Counsels, the expansion reinforces the importance of early FDI analysis in transaction planning. More transactions will fall within scope, particularly minority investments and venture capital deals in high growth technology sectors. This may affect deal timelines, certainty and documentation, including conditions precedent and long stop dates.
Businesses should assess whether their activities fall within the expanded categories and ensure that internal governance processes are updated accordingly. Coordination between legal, tax and business teams will be key to identifying potential filing obligations at an early stage.
Overall, the development reflects a continued tightening of investment screening in the Netherlands and across Europe, with a growing focus on safeguarding critical technologies.
For further details refer to our FDI page for all our updates and to our Quoted: FDI Screening in the Netherlands for background information on Dutch FDI screening.
